Prof. (Dr.) Indranath Gupta
October 5, 2023 2024-01-19 6:45Prof. (Dr.) Indranath Gupta
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Prof. (Dr.) Indranath Gupta
Professor, Jindal Global Law School (JGLS)
Dean, Office of Data, Innovation & Technology
Jean Monnet Chair Professor [2020-23]
Director, Jindal Initiative on Research in IP and Competition (JIRICO)
Senior Fellow, Jindal Institute of Behavioural Sciences (JIBS)
Senior Fellow, International Institute for Higher Education, Research & Capacity Building (IIHEd)
Ph.D. (Brunel University, London)
LL.M. (University of Aberdeen);
LL.M. (University of East Anglia);
LL.B. (University of Calcutta);
Prof. (Dr.) Indranath Gupta is Professor at the Jindal Global Law School and Dean, Data, Innovation and Technology office at O.P. Jindal Global University, India. He is the Director of Jindal Initiative on Research in IP and Competition (JIRICO), and a Senior Fellow at the Jindal Institute of Behavioural Sciences (JIBS). He held the Jean-Monnet Chair- Academic Coordinator for the project ‘Multi-dimensional Approaches to the Understanding of the E.U. Data Protection Framework’ [2020-23]. He has been also invited as a Jean Monnet Visiting Research Fellow at the Centre of Excellence, Jean Monnet Centre for Intellectual Property & Management, Bournemouth University, UK. Prof. Gupta was earlier appointed as the research collaborator by the Università Bocconi, Milan, Italy, for a project funded by the European Commission under the 7th Framework Programme. He participated in a multi-jurisdictional project on Digital Era Competition: A BRICS View, whose report was published by the BRICS Competition Law and Policy Centre.
Professor Gupta holds two LL.M. degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK, and a PhD from Brunel University, London. He also taught at the Brunel Law School during this PhD, which looked at the transnational influence of the US Supreme Court’s judgement in the Feist case in the framing of the Database Directive in the European Union. Prof. Gupta specializes in Technology Law and aspects of Intellectual Property Law. Over the years, he has offered courses such as Data Protection Law, Information Technology Law, Music and Copyright, and EU Law and Approaches to New Technology. He has contributed in reputed journals such as the European Intellectual Property Review, Journal of World Intellectual Property, International Journal of Law and Information Technology, Journal of Intellectual Property Law & Practice, Journal of Data Protection and Privacy, Economic and Political Weekly, and European Journal for Law and Technology. He has worked extensively with Springer on several book projects of all kinds, the latest being an in-process Major Reference Work titled ‘Handbook on Originality in Copyright: Cases and Materials’, currently available as a Living Edition on SpringerLink.
Privacy & Data Protection Law, Information Technology Law and Copyright Law
Journal Articles (Selective)
- Indranath Gupta, ‘What is left of consent when it is deemed consent: A data protection experiment in India’, 6 (1) Journal of Data Protection & Privacy, 1 October,2023 (with Paarth Naithani).
- Indranath Gupta, ‘Separating Personal Data Protection from Non-personal Data Governance’, Volume 58 Issue 36. Economic and Political Weekly, 09 September, 2023 (with Paarth Naithani).
- Indranath Gupta, ‘Evolving Scope of Intermediary Liability in India’, Volume 37 Issue 3, International Review of Law, Computers & Technology, 06 January 2023 (with Lakshmi Srinivasan).
- Indranath Gupta, ‘Right to be forgotten in case of search engines: Emerging trends in India as compared to the EU’, Volume 5, Issue 3, Journal of Data Protection and Privacy, Dec 2022 (with Paarth Naithani).
- Indranath Gupta, ‘An Assessment of the JPC Report on PDP Bill, 2019’, Volume 57 Issue 31, Economic and Political Weekly (engage), 30 July 2022 (with Paarth Naithani).
- Indranath Gupta, ‘Transparent communication under Article 12 of GDPR: Advocating a Standardised Approach for Universal Understandability’, Volume 5 Issue 2, Journal of Data Protection & Privacy, 2022 (with Paarth Naithani).
- Indranath Gupta, ‘No Proactive Monitoring: A Momentary Sigh of Relief for Intermediaries in India’, Volume 42 Issue 8, European Intellectual Property Review, 2020 (with Lakshmi Srinivasan).
- Indranath Gupta, ‘Shielding Internet intermediaries from copyright liability–A comparative discourse on safe harbours in Singapore and India’, Vol.22 Issue 3-4, The Journal of World Intellectual Property, July 2019 (with Althaf Marsoof).
- Indranath Gupta, ‘Trends in Pre-licensing Negotiations of Standard Essential Patents, The Journal of World Intellectual Property’, Volume 22 Issue 3-4 July 2019 (with Vishwas Devaiah, Dipesh Jain and Vishal Srivastava).
- Indranath Gupta, ‘Shifting Focus on Hold-Out Situations in SEP Licensing: Perspectives from EU, US, and India’, Volume 14, Issue 1, Journal of Intellectual Property Law and Practice, 1 January 2019 (with Vishwas Devaiah and Shruti Bhushan).
- Indranath Gupta, ‘Hightech and Antitrust: The Importance of Due Process’ Volume 1 Issue 5, JIRICO Brief, May 2018 (with Avirup Bose).
- Indranath Gupta, ‘European Commission’s approach to develop a framework to resolve SEP related issues to unlock the potential growth in IoT’, Volume 1 Issue 1, JIRICO Brief, January 2018 (with Vishwas Devaiah).
- Indranath Gupta, Understanding digital piracy through the lens of psychosocial, criminological and cultural factors’ Volume 3 Issue 1, International Journal of Technology Policy and Law, 2017 (with Sanjeev P. Sahni and Garima Jain).
- Indranath Gupta (ed), Special Issue on ‘Standardization Patents and Competition Issues: Global Developments and Perspectives’, Volume 8 Issue 2, Jindal Global Law Review, October 2017 (with Ashish Bharadwaj and Sunita Tripathy (eds)).
- Indranath Gupta, ‘Introduction to the JGLR Special Issue on Standardization, Patents and Competition Issues: Global Developments and Perspectives’, Volume 8 Issue 2 Jindal Global Law Review, October 2017 (with Ashish Bharadwaj and Sunita Tripathy).
- Indranath Gupta, ‘Standardization, Patents and Competition Issues: Global Developments and Perspectives’, Volume 8, Issue 2, Jindal Global Law Review, October 2017.
- Indranath Gupta, ‘CJEU decides on private copying levy on detachable memory cards’, Volume 11 Issue 6, Journal of Intellectual Property Law and Practice, 2016 (with Vishwas Devaiah).
- Indranath Gupta, ‘The scope of Database Directive: Ryanair v PR Aviation, Court of Justice of the European Union, Case C-30/14’, Volume 10 Issue 9, Journal of Intellectual Property Law & Practice. 2015 (with Vishwas Devaiah).
- Indranath Gupta, ‘The Road Ahead for Domestic Workers in India: Legal and Policy Challenges’, Volume 1 Issue 9, Law and Policy Brief, O.P. Jindal Global University, September 2015 (with Upasana Mahanta).
- Indranath Gupta, ‘Are websites adequately communicating terms and conditions link in a browse-wrap agreement?’, Volume 3 issue 2, European Journal for Law and Technology, 2012.
- Indranath Gupta, ‘The issue of reasonable foreseeability in a Distributed Denial of Service Attack, Volume 7 Issue 1The Institute of Chartered Financial Analysts of India (ICFAI) Journal of Cyber Law’, February 2008).
- Indranath Gupta, ‘. XXX’ Sponsored Top-Level Domain-Is it a solution to curb child abuse due to Internet pornography, The Institute of Chartered Financial Analysts of India (ICFAI) Journal of Cyber Law, Volume V Issue 1 February (2006) (Re- printed).
- Indranath Gupta, ‘XXX’ Sponsored Top-Level Domain-Is it a solution to curb child abuse due to Internet pornography Volume 2 Issue 3, SCRIPT-ed, 2005.
Indranath Gupta, ‘IP, Technology and Policy Interventions in India: Creating a Roadmap for the Digital Economy’, Volume 36 Issue 3, International Review of Law, Computers & Technology, Routledge, May 2022.
- Indranath Gupta, Expectations vs Realities of Information Privacy and Data Protection Measures: A Machine Generated Literature Review, 2024, Springer (forthcoming).
- Indranath Gupta, Introduction to Data Protection Law: Cases and Materials from the EU, 2024, Springer (forthcoming).
- Indranath Gupta, Operationalizing Expectations and Mapping Challenges of Information Privacy and Data Protection Measures: A Machine Generated Literature Review, 2024, Springer, (forthcoming).
- Indranath Gupta (ed), Relevance of European Studies in Asia (with Maria- Stoicheva and S.G. Sreejith (eds.)) (Springer 2024).
- Indranath Gupta, Footprints of Feist in European Database Directive: A legal analysis of IP Law-making in Europe (German Translation) (Springer, 2023).
- Indranath Gupta (ed), Handbook on Originality in Copyright: Cases and Materials (with Vishwas Devaiah and Manveen Singh (eds))(Springer, 2023).
- Indranath Gupta, Locating Legal Certainty in Patent Licensing (Springer, 2022) (with Ashish Bharadwaj and Vishwas H. Devaiah).
- Indranath Gupta (ed), Recognition of the Rights of Domestic Workers in India: Challenges and Way Forward (Springer, 2019) (with Upasana Mahanta (ed)).
- Indranath Gupta, Piracy in the digital Era: Psychosocial, Criminological and Cultural Factors (Springer, 2019) (with Sanjeev P. Sahni).
- Indranath Gupta (ed), Multidimensional Approaches Towards New Technology: Insights on Innovation, Patents and Competition (Springer, 2018) (with Ashish Bhardwaj and Vishwas H. Devaiah (eds)).
- Indranath Gupta, ‘Evolving Huawei Framework: SEPs and Grant of Injunctions’ (with Vishwas H. Devaiah, Dipesh Jain and Vishal Srivastava) in Ashish Bharadwaj, Vishwas H. Devaiah and Indranath Gupta (eds.) Multidimensional Approaches Towards New Technology: Insights on Innovation, Patents and Competition (Springer, 2018).
- Indranath Gupta, ‘India’s Participatory Role in the Database Debate at WIPO’ in Srinivas Burra and R Rajesh Babu (eds.) Locating India in the Contemporary International Legal Order (Springer, 2018).
- Indranath Gupta, ‘User control in social media: A Case Study of Facebook, Twitter, and Snapchat’ in Sanjeev P. Sahni and Garima Jain(eds.) Internet Infidelity: An Interdisciplinary Insight in a Global Context (Springer, 2018).
- Indranath Gupta (ed), Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competitions Issues (Springer, 2017) (with Ashish Bharadwaj, Vishwas H. Devaiah (eds)).
- Indranath Gupta, ‘CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion’ in Ashish Bhardwaj, Vishwas H. Devaiah and Indranath Gupta (eds.) Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competitions Issues (Springer,2017) (with Vishwas H. Devaiah and Dipesh A. Jain).
- Indranath Gupta, Footprints of Feist in European Database Directive: A legal analysis of IP Law-making in Europe (Springer, 2017).
- Indranath Gupta, ‘Alternative measures in curbing Movie and Software Piracy in India’ in Emilio Viano (ed.) Cybercrime, Organized Crime and Societal Responses: International Approaches (Springer,2016) (with Sanjeev P. Sahni and Garima Jain).
- Indranath Gupta, ‘Consent for data processing in e-commerce transactions: UK empirical evidence’, in M. Bottis, E. Alexandropoulou and I. Inglezakis (eds.) Values and Freedoms in Modern Information Law and Ethics, Athens (Nomiki Vivliothiki 2012) (with Stavroula Karapapa).
- Indranath Gupta, ‘XXX Sponsored Top-Level Domain-Is it a solution to curb child abuse due to Internet pornography’ in G Usha (ed.) Domain Names: Piracy and Protection (Amicus Books, The ICFAI University Press, India, 2008) (Re- printed).
Althaf Marsoof, Internet Intermediaries and Trademark Rights, Routledge, 2019, International Journal of Law and Information Technology (2020), Oxford University Press N S Gopalakrishnan and T G Agitha, Principles of Intellectual Property (2014) Journal of the Indian Law Institute 56(2).
- Indranath Gupta, “Consultative Workshop on DPDP Act and Framing of Rules”, Wadhwani Foundation (December, 2023) [Panel Discussion] Indranath Gupta, “The Future of Data Protection in India: A Roadmap for Regulators”, Annual Information Security Summit hosted by Data Security Council of India (December, 2023) [Panel Discussion]. Read More..
- Indranath Gupta, “Immutable Data – Future of Privacy in the context of biometrics, financial data and health data”, Observer Research Foundation and The Dialogue (September, 2023) [Panel Discussion].
- Indranath Gupta, “Emerging Market for Privacy-Tech in India – Outlook & Way Forward”, The Dialogue and Invest India (July, 2023) [Panel Discussion].
- Indranath Gupta, “Perspectives on the Data Protection Law” The School of Law, RV University, Bengaluru (April, 2023).
- Indranath Gupta, Guest Lecturer (Protection of personal data in India) at AMU (Adam Mickiewicz University) (January, 2023). Read More..
- Indranath Gupta, ‘Podcast talk on the effects of the withdrawal of the PDP Bill, 2019, and the changes that can made by the government in the new one” (August, 2022). Read More..
- Indranath Gupta and Althaf Marsoof [Keynote Speakers], “Workshop Series on Legal Design for Transparency in Consumer Contracts Operating in Online and Offline Environments: A New Chance for the Interaction between Academics and Stakeholders” (Jean Monnet Chair PROTECH), Università degli Studi Suor Orsola Benincasa di Napoli, (October, 2021) [Workshop] Italy. Read More..
- Indranath Gupta, ‘Where is the Woman Inventor and Entrepreneur in India: Exploring the Gender Dimension of Patents in India (Intellectual Property in Transitions: (Re)- Imagining Intellectual Property, University of Exeter, (U.K), April 2018) (with Upasana Mahanta and Ashish Bharadwaj).
- Indranath Gupta, ‘The Test of Unwillingness in SEP cases: Lessons for India’ (BILETA 2018, University of Aberdeen (U.K), April 2018) (with Vishwas H. Devaiah, Dipesh Jain and Vishal Shrivastava).
- Indranath Gupta, ‘Digital Piracy in India: The Lack of Awareness Factor Leading to Piracy’ (Intellectual Property in Transitions: (Re)-Imagining Intellectual Property, University of Exeter, (U.K), April 2018) (with Sanjeev P. Sahni and and Sweta Lakhani).
- Indranath Gupta, ‘The Test of Unwillingness in SEP cases: Lessons for India’ (PatCon 8, San Diego, March 2018) (with Vishwas H. Devaiah, Dipesh Jain and Vishal Shrivastava).
- Indranath Gupta, ’Issues preceding CCI investigation of abuse of dominance in SEP cases: Its relevancy at the stage of initiating investigation against SEP holders’ (The Law and Economics of Patent Systems, Hoover Institution, Stanford University, January 2017) (with Vishwas H. Devaiah).
- Indranath Gupta, ‘Jurisdiction of Competition Authorities’, (O.P. Jindal Global University, India, June 2016.
- Indranath Gupta,’ Understanding the digital piracy in India through the lens of psychological, sociological and cultural factors’ (7th International Conference on Information Law and Ethics, Pretoria, February 2016) (with Sanjeev P. Sahni and Garima Jain).
- Indranath Gupta, ‘Digital Piracy: An Indian example of the complexities, Cyber Deviance Cyber Crime: A Revolution in Socio- Legal Norms’ (Onati International Institute for Sociology of Law, Spain, May 2015) (with Sanjeev P. Sahni and Garima Jain).
- Indranath Gupta, ‘Net Neutrality and the Future of Digital India: User generated content and the debate on net neutrality’, (O.P. Jindal Global University, India, May 2015) Thirteenth United Nations Congress on Crime Prevention and Criminal Justice, (Doha, Qatar April, 2015) Ancillary Meetings:
- An International Perspective on Cybercrime: complexities and way forward (Moderator) Internet Infidelity: Adultery in the Age of Technology (Panel)
- Global Perspective on Death Penalty (Panel)
- Sexual Violence against Women: Strengthening Preventive Steps (Panel)
- Indranath Gupta, ‘Copyright Law in the Electronic Age: The Act of Balancing’, (United Nations Information Centre for India and Bhutan, National Law University Delhi, January 2015).
- Indranath Gupta, ‘The Indian Society of International Law, (World Congress on International Law: Technology and Development of International Law’, Delhi, January 2015).
- Indranath Gupta, ‘The curious case of database legislation: Tremors of Feist, Effect in Europe, Ripples at WIPO’, (Development, Governance and Law in China and India, O.P. Jindal Global University, New Delhi, November 2014).
- Indranath Gupta, ‘Urbanisation and shifting Notions on Work: Exploring the Issues of domestic workers in India’, (Beijing Normal University, International Development and Public Policy Alliance, Beijing, July 2013 (with Upasana Mahanta).
- Indranath Gupta, Recognition of the rights of domestic workers in India: National Policy or Comprehensive Legislation? (Indian Institute of Management, Kolkata, India, February 2013) (with Upasana Mahanta).
- Indranath Gupta, ‘Consent for data processing in e-commerce transactions: UK empirical evidence’ (4th International Conference on International Law and Ethics, University of Macedonia, Thessaloniki, Greece, May 2011) (with Stavroula Karapapa).
- Indranath Gupta, ‘UK Empirical Evidence on Data Protection Compliance: Consent for Data Processing’ (BILETA Conference, Manchester (UK), April 2011).
- Indranath Gupta, ‘Models for Managing Intellectual Property Rights on the Internet: Online Distribution of Digital Media Content: Enforceability of a Browse-Wrap Licensing Agreement’ (Seventh Framework Programme, Manchester (UK), March 2010) (with Maurizio Borghi).