Indian Journal of Law and Justice, Vol. 15, No. 02

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/5571

From the Editor’s Desk

Season’s Greetings!

I am glad to announce the publication of the Vol. 15 No. 02 issue of the Indian Journal of Law and Justice. The Indian Journal of Law and Justice has come a long way in the last one decade from being a national law journal to being an internationally acclaimed journal and from being a mere print version to having a website of its own, namely ijlj.nbu.ac.in. Along with being enlisted by the UGC CARE, the journal is proudly indexed with the esteemed SCOPUS along with the HeinOnline and EBSCO. Innumerable scholars, academicians and professionals from the field of law as well as other social sciences sector have been relying on this journal for their scholarly publications and have played a pivotal role in their early career success. I along with my highly efficient editorial team pledge to building on the legacy of this journal. We are making an endeavour for online submissions of articles and research papers to improve and expedite peer review. We, as a team, shall continue to remain committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research.

Keeping the trend of the Indian Journal of Law and Justice, authors across the globe have contributed on varied topical matters and raised relevant and pressing questions in their papers to enrich the journal. The current issue gives the glimpse of insights on international and national issues. The current issue highlights on the United Nations Convention against Corruption (UNCAC) Policy as a new Instrument of Criminal Law for Combating Corruption in Indonesia, Refugee Children’s Right to Education in India, Patent Protection for Inventions in Outer Space, Safeguarding Privacy in the Age of AIPowered Legal Services, Legal Framework for Forest Rights in India, Present Challenges to ‘E-Court System’ in North-Eastern States, a Comparative Analysis of Birthright Citizenship in India and the United States of America, Right to Housing, Indigenous Women and their Tenacious Strive for Forest Rights.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I express my gratitude again to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

With Best Wishes

Prof. (Dr.) Sujit Kumar Biswas
Chief Editor

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    Patent Protection for Inventions in Outer Space: Issues and Challenges
    (University of North Bengal, 2024) Arundhati
    The increasing commercialization of space activities has highlighted the need for a robust legal framework to protect intellectual property (IP) in outer space. Currently, national and regional patent laws apply only within their respective jurisdictions, leading to challenges in enforcing patent rights beyond Earth. The existing international space law framework, which resembles maritime law, allows private entities to circumvent patent regulations by registering in jurisdictions with favorable IP policies, contributing to the "flags of convenience" problem. This regulatory competition threatens global patent protection, potentially discouraging innovation in space technologies. India, despite being a signatory to major international space treaties, lacks a dedicated national space law to regulate IP rights in space-related activities. The growing involvement of private enterprises in India’s space sector further necessitates comprehensive legislation to address patent protection, interdepartmental coordination, and commercialization of space innovations. This article examines the challenges of enforcing patent protection in outer space, the inadequacies of the current international legal framework, and the implications of regulatory competition among states. It explores the necessity for national space legislation in India and discusses global solutions, including the establishment of a universal patent jurisdiction or a "Space Patent" regime. The article also evaluates proposals by WIPO and other international organizations to create a unified system for patent protection in space, ensuring stronger IP rights and fostering innovation. Finally, it highlights the need for global cooperation to address the legal complexities of space-related inventions and support sustainable space exploration and commercialization.