Prof. (Dr.) Indranath Gupta
Professor, Jindal Global Law School
Dean of Research
Controller of Examinations
Director, Jindal Initiative on Research in IP and Competition (JIRICO)
Senior Fellow, Jindal Institute of Behavioural Sciences (JIBS)
O.P. Jindal Global (Institution of Eminence Deemed To Be University)
LL.B. (University of Calcutta);
LL.M. (University of East Anglia);
LL.M. (University of Aberdeen);
Ph.D. (Brunel University, London)
Biography
Selected Publications
Research Interests
Biography
Prof. (Dr.) Indranath Gupta is a Professor at the Jindal Global Law School, Dean of Research & Controller of Examinations at OPJGU. He is Co-Director of JIRICO and Senior Fellow at the Jindal Institute of Behavioural Sciences (JIBS). 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 has taught at the Brunel Law School of Brunel University during this Ph.D. and has been involved in a funded project on informational privacy. Digital Era Competition: A BRICS View.
He has worked and is currently working on multiple externally funded projects, including a research project on cases of copyright infringement on online platforms with researchers at Nanyang Technological University in Singapore, Intermediary Liability and Free Speech, National Digital Library of India Project with IIT Kharagpur and SEPs, and FRAND licensing in the ICT sector, Health Applications, Case Data and Data Protection and Digital Era Competition: A BRICS View. He has also worked as an advocate at Calcutta High Court.
Prof. Gupta holds a Ph.D. from Brunel University, London, and two LL.M. degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK. His Ph.D. 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. He specialises in Technology Law and aspects of Intellectual Property Law. Over the years, he has offered courses such as Information Technology Law, Music and Copyright, EU law, Approaches to New Technology, Understanding the EU Structure of Informational Privacy and Building a Global Consensus through EU GDPR: An Assessment of Data Privacy Legislation in Asia (India, China, Philippines and Thailand). Prof. Gupta is the Jean Monnet Chair Professor (Academic Coordinator) at JGU.
Prof. Gupta has contributed in reputed journals such as the European Intellectual Property Review (Sweet and Maxwell), Journal of World Intellectual Property (Wiley), International Journal of Law and Information Technology (Oxford University Press),Journal of Intellectual Property Law & Practice (Oxford University Press), Journal of Data Protection and Privacy (Henry Stewart Publications), Economic and Political Weekly and European Journal for Law and Technology (Queen’s University Belfast). He has worked extensively with a globally reputed publisher, Springer, and has several books to his credit. 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.
Selected Publications
Journal Articles/Comments/Edited Journals: (Selective)
- Evolving Scope of Intermediary Liability in India, International Review of Law, Computers & Technology, 06 January 2023(with Lakshmi Srinivasan)
- Right to be forgotten in case of search engines: Emerging trends in India as compared to the EU, Journal of Data Protection and Privacy, Volume 5, Issue 3, 1-13, Dec 2022 (with Paarth Naithani)
- An Assessment of the JPC Report on PDP Bill, 2019, Economic and Political Weekly (engage), Volume 57, Issue No. 31, 30 July 2022. (with Paarth Naithani)
- Transparent communication under Article 12 of GDPR: Advocating a Standardised Approach for Universal Understandability, Journal of Data Protection & Privacy, Volume 5, No. 2, 2022 (with Paarth Naithani)
- No Proactive Monitoring: A Momentary Sigh of Relief for Intermediaries in India, European Intellectual Property Review, 42(8), 524-527, 2020 (with Lakshmi Srinivasan)
- Shielding Internet intermediaries from copyright liability–A comparative discourse on safe harbours in Singapore and India,The Journal of World Intellectual Property,Vol.22,Nos3-4July2019(with Althaf Marsoof)
- Trends in Pre-licensing Negotiations of Standard Essential Patents, The Journal of World Intellectual Property,Vol. 22, Nos 3-4 July, 2019) (with Vishwas Devaiah, Dipesh Jain and Vishal Srivastava)
- Shifting Focus on Hold-Out Situations in SEP Licensing: Perspectives from EU, US, and India, Journal of Intellectual Property Law and Practice, (Journal of Intellectual Property Law and Practice, Volume 14, Issue 1, 1 January 2019) (with Vishwas Devaiah and Shruti Bhushan).
- Hightech andAntitrust: The Importance of Due Process (with Avirup Bose) JIRICO Brief, Volume1, Issue 5, May2018.
- European Commission’s approach to develop a framework to resolve SEP related issues to unlock the potential growth in IoT. (with Vishwas Devaiah). JIRICO Brief, Volume 1, Issue 1, January 2018.
- Understanding digital piracy through the lens of psychosocial, criminological and cultural factors (with Sanjeev P. Sahni and Ms. Garima Jain) (International Journal of Technology Policy and Law,Volume 3,No 1,2017).
- Standardization Patents and Competition Issues: Global Developments and Perspectives (with Ashish Bharadwaj and Sunita Tripathy) Jindal Global Law Review, Vol. 8, No.2, October, 2017.
- Introduction to the JGLR Special Issue on Standardization, Patents and Competition Issues: Global Developments and Perspectives (with Ashish Bharadwaj and Sunita Tripathy) in Ashish Bharadwaj, Indranath Gupta and Sunita Tripathy
- Standardization. Patents and Competition Issues: Global Developments and Perspectives, Jindal Global Law Review, Vol.8, No.2, October, 2017.
- CJEU decides on private copying levy on detachable memory cards (with Vishwas Devaiah) Journal of Intellectual Property Law and Practice (2016) 11:6.
- The scope of Database Directive: Ryanair v PR Aviation, Court of Justice of the European Union, CaseC-30/14, (Vishwas Devaiah) Journal of Intellectual Property Law & Practice (2015)10:9.
- The Road Ahead for Domestic Workers in India: Legal and Policy Challenges (with Upasana Mahanta), Law and Policy Brief, O P Jindal Global University (2015) September, Vol 1, No 9.
- Are websites adequately communicating terms and conditions link in a browse-wrap agreement?’, European Journal for Law and Technology, Vol. 3, No. 2, 2012
- The issue of reasonable foreseeability in a Distributed Denial of Service Attack, The Institute of Chartered Financial Analysts of India (ICFAI) Journal of Cyber Law, Volume VII No.1 February (2008).
- ‘. 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, Vol.V No.1 February (2006) (Re- printed).
- ‘.XXX’ Sponsored Top-Level Domain-Is it a solution to curb child abuse due to Internet pornography (2005) SCRIPT-ed 2:3.
SPECIAL ISSUE JOURNAL EDITOR
IP, Technology and Policy Interventions in India: Creating a Roadmap for the Digital Economy,International Review of Law, Computers & Technology, Routledge (Volume 36, Issue 3, 2022)
Books/Book Chapters: (Selective)
Handbook on Originality in Copyright: Cases and Materials (forthcoming, Springer 2023) (with Vishwas H. Devaiah & Manveen Singh).
Locating Legal Certainty in Patent Licensing (with Ashish Bhardwaj & Vishwas Devaiah) (Springer 2022).
- Handbook on Originality in Copyright: Cases and Materials (Forthcoming, Springer 2023) (with Dr. Vishwas H. Devaiah & Dr. Manveen Singh).
- Locating Legal Certainty in Patent Licensing (with Prof. (Dr.) Ashish Bhardwaj & Prof. (Dr.) Vishwas Devaiah ) (Springer 2022)
- Recognition of the Rights of Domestic Workers in India: Challenges and Way Forward (with Upasana Mahanta (ed.)) (Springer2019).
- Piracy in the digital Era: Psychosocial, Criminological and Cultural Factors(with Sanjeev P. Sahni) (Springer 2019)
- Multidimensional Approaches Towards New Technology: Insights on Innovation, Patents and Competition with Vishwas H. Devaiah, Ashish Bhardwaj and Indranath Gupta(eds.) (Springer 2018).
- ‘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 (Springer2018).
- ‘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).
- ‘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 (Springer2018).
- Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competitions Issues (with Vishwas H. Devaiah, Ashish Bhardwaj, (eds.)) (Springer, 2017).
- ‘CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion’ (with Vishwas H. Devaiah and Dipesh A. Jain) 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).
- Footprints of Feist in European Database Directive: A legal analysis of IP Law-making in Europe (Springer, 2017).
- ‘Alternative measures in curbing Movie and Software Piracy in India’ (with Sanjeev P. Sahni and Garima Jain) in Emilio Viano (ed.) Cybercrime, Organized Crime and Societal Responses: International Approaches (Springer,2016).
- ‘Consent for data processing in e-commerce transactions: UK empirical evidence’ (Stavroula Karapapa), in M. Bottis, E. Alexandropoulou and I. Inglezakis (eds.) Values and Freedoms in Modern Information Law and Ethics, Athens (Nomiki Vivliothiki 2012).
- ‘Domain Names: Piracy and Protection’ in G Usha (ed.) XXX Sponsored Top-Level Domain-Is it a solution to curb child abuse due to Internet pornography (Amicus Books, The ICFAI University Press,India, 2008) (Re- printed).
CONFERENCE PAPERS (Selective)
- Upasana Mahanta, Ashish Bharadwaj and 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)
- Indranath Gupta, Vishwas H. Devaiah, Dipesh Jain and Vishal Shrivastava, ‘The Test of Unwillingness in SEP cases: Lessons for India’ (BILETA 2018, University of Aberdeen (U.K), April 2018)
- Sanjeev P. Sahni, Indranath Gupta and Sweta Lakhani, ‘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)
- Indranath Gupta,Vishwas H. Devaiah, Dipesh Jain and Vishal Shrivastava, ‘The Test of Unwillingness in SEP cases: Lessons for India’ (PatCon 8, San Diego, March 2018)
- Indranath Gupta and Vishwas H. Devaiah, ’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)
- Indranath Gupta, ‘Jurisdiction of Competition Authorities’, (O.P. Jindal Global University, India, June 2016
- Sanjeev P. Sahni, Garima Jain and 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)
- Sanjeev P. Sahni, Indranath Gupta and Garima Jain, ‘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)
- 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)
- Upasana Mahanta and 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
- Indranath Gupta and Upasana Mahanta, Recognition of the rights of domestic workers in India: National Policy or Comprehensive Legislation? (Indian Institute of Management, Kolkata, India, February 2013)
- Indranath Gupta and Stavroula Karapapa, ‘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)
- Indranath Gupta, ‘UK Empirical Evidence on Data Protection Compliance: Consent for Data Processing’ (BILETA Conference, Manchester (UK), April 2011)
- Indranath Gupta and Maurizio Borghi, ‘Cultural Heritage, User-Generated Content and Cultural Production: User-generated case law analysis’ (Seventh Framework Programme, Manchester(UK), March 2010)
- Indranath Gupta and Maurizio Borghi , ‘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)
Research Interests
Copyright, Information Technology Law, Contract Law and Labour Law