Judicial Interpretation Research Articles

China’s regulations on the attribution of AI-generated content: an exploration based on the open-ended approach

Abstract This article examines the issue of copyright ownership for AI-generated content under China’s current copyright law, with a particular focus on the open-ended classification system introduced by the 2020 Copyright Law amendment and its practical implications. This amendment marks a shift in Chinese copyright law from a closed-list approach to an open-ended approach, thereby extending copyright protection to non-traditional works, such as AI-generated content. Despite including catch-all provisions and refining the criteria for work classification, ambiguities persist regarding the requirements for originality and the categorical hierarchy, continuing to fuel debates on the copyrightability of AI-generated content. This article analyses representative copyright dispute cases involving AI-generated content to illustrate the adjudicative stance of Chinese courts. Significant differences exist among courts regarding standards for originality and intellectual achievement, with rulings often heavily reliant on individual judges’ interpretations of technology and the creative process, which results in considerable discretion. Additionally, the ambiguous relationship between traditional work categories and catch-all provisions facilitates the classification of AI-generated content as a new type of work, potentially leading to an undue expansion of copyright protection. This article offers recommendations from both legislative and judicial perspectives, proposing the establishment of a ‘priority application for traditional work categories’ principle in legislation, issuing judicial interpretations to clarify AI’s instrumental role in creation and advocating for a cautious and substantive assessment in court to determine whether AI-generated content meets the characteristics of a protected work.

Contemporary Approaches to IP Protection: Developments in the US Art Market

This article examines recent developments in United States (US) intellectual property (IP) law that directly affect the art market, namely: 1) the judicial interpretation of fair use and the use of copyrighted material to train AI systems; 2) the US Copyright Office’s refusal to register certain AI-generated works; and 3) the application of trademark law to NFTs (Non-fungible tokens). The aim of this article is to provide an overview of the constantly evolving legal landscape in this field while highlighting controversies that will likely continue to arise in the near future. As a jurisdiction where new technologies, the art market, and IP case law overlap, the US is in a unique position to reflect ongoing changes as well as in-depth interpretations of existing provisions.

‘If parody does not prickle it does not work’: Reflections on the Interpretive Challenges of Dark Parody in the Dutch and South African Courts

Focusing on the nexus of humour and the right to free speech, this article introduces the concept of ‘dark parody’ to address parodies that reuse existing material with a dark, humorous twist and explores how courts deal with two of the main interpretive challenges presented by a ‘dark parody’: (1) interpreting the distance between the parody and the copyright/trademark protected work it parodies, and (2) its use of dark humour. Using a metahermeneutic approach, the article analyses how the main features of parody, the legal criteria applied to parody in courts of law, and the role of dark humour influence the judicial interpretation process regarding (dark) parody in the context of copyright and trademark law. Based on this analysis, the article proposes the theoretical framework of ‘parodic distance’ to address the interpretive challenges systematically presented by dark parody via six main categories—content, style, context, message, function and affect—from which the distance between a parody and the original can be interpreted. Applying this framework to two case studies [Mercis c.s. v. Punt.nl, Court of Appeal of Amsterdam; Laugh It Off Promotions v. South African Breweries, Constitutional Court of South Africa], the article provides a comparative analysis of how these courts currently deal with interpretive issues surrounding dark humour in copyright and trademark law and shows how the framework of parodic distance can be a potentially useful conceptual tool that provides a shared vocabulary to complement judicial interpretation and legal discourse at the nexus of dark parody and the law.

Prior Protection Of Designs: A Hyper Technical Research On The Designs Act, 2000

The Designs Act, 2000, plays a pivotal role in protecting industrial designs in India by offering exclusive rights to creators over their products with respect to the visual prospect being in abundance. However, the Act's provisions raise complex technical and legal perspectives, particularly around the issue of ‘prior protection’. This research paper provides a hyper-technical analysis of the Act, focusing on the intricate requirements that designs must meet to qualify for protection. The need for novelty and speciality of each creator has a need for protection with a prior note to it. The research critically explores the legal thresholds of what constitutes a "new or original" design. Prior disclosure of a design before formal registration can result in loss of protection or theft without agreed consent. This issue is unauthenticated and questionable, as it raises unauthenticated concerns about the protection of a creator's work. Legal provisions are crucial to ensure the protection of prior disclosure and rights. Judicial interpretations and case law surrounding prior protection under the Designs Act are scrutinized to highlight the vagueness and inconsistencies in the legal provisions to envisage the needs of a creator. The study also considers the role of international frameworks, such as the Paris Convention, and their influence on India's design protection regime, particularly in the context of cross-border disputes and multi-jurisdictional filings in the global arena. The policy, regulated legislatively and institutionally, aims to promote Indian designs through a comprehensive policy framework, fostering innovation and global positioning - The Designs Act, 2000 provides a clearer understanding of the legal structure and the challenges faced by designers. It emphasizes the importance of recognizing talent and strengthening prior protection to ensure a more reliable system for enforcing design rights.

Why Constitutional Courts Back Death Penalty? Insights from Indonesia and South Korea

This article explores the paradoxical affirmation of the death penalty by the Constitutional Courts in Indonesia and South Korea, despite constitutional guarantees for the right to life and the fundamental right of human dignity. Through historical and content analyses, it explores how these courts interpret these rights in relation to the death penalty and why they affirm it constitutional. Both countries recognise the nonderogable nature of these rights, yet their Constitutional Courts allow for legal restrictions. Constitutional Court’s decision to impose limitations on nonderogable rights demonstrates their preference for maintaining a cautious and conservative approach. The examination of Constitutional Courts’ decisions reveals that the debate over the death penalty’s constitutionality extends beyond legal considerations, involving political dynamics and historical factors. This article underscores the complex interplay between constitutional guarantees, judicial interpretation, and sociopolitical contexts in shaping the countries’ human rights protection trajectories, especially in the context of nonderogable rights. It also highlights the crucial role of Constitutional Courts in safeguarding the right to life, as their decisions can significantly impact human rights protection in these countries.

Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.

Legal pathways for China’s blue carbon conservation: a perspective of synergizing ocean and climate rule of law

Blue carbon serves as a significant natural carbon sink and presents substantial opportunities for greenhouse gas mitigation actions. This study first elucidates the importance of blue carbon conservation and its basis in international law, and then analyzes the progress and shortcomings of China’s efforts in blue carbon protection in the areas of legislation, enforcement, and judicial practices related to ocean governance and climate change mitigation. Finally, from the perspective of coordinating ocean and climate governance, this paper proposes legal pathways to improve blue carbon conservation. In terms of legislation, it advocates for the explicit inclusion of the legal concept of “blue carbon” in the legal frameworks governing ocean and climate governance, and for the clarification of the legal status of “blue carbon credits”. In terms of regulatory enforcement, it recommends developing a detailed implementation plan to integrate blue carbon into the China Certified Emission Reduction (CCER) system, designating a regulatory body for blue carbon trading, and establishing a multi-stakeholder governance mechanism involving government, market, and society. In the judicial realm, the paper suggests issuing judicial interpretations to clarify the scope, prerequisites, and implementation of “purchasing blue carbon credit” to prevent such purchases from becoming a “free pass” that could damage marine ecosystems

Judicial Interpretation of the Inclusion of Standard Clauses in Murabahah Contracts Reviewed from the Principle of Proportionality and Islamic Law

Agreements are an important aspect of law relating to business. An agreement basically must fulfill several conditions for the validity of the agreement, as well as paying attention to the legal principles of the agreement. In practice in banking, including Sharia banking, generally agreements or contracts are made using standard clauses. The aim of this research is to find out Juridical interpretation of the inclusion of standard clauses in murabahah contracts in Islamic banks in terms of proportional principles and Islamic law. This research is normative legal research using statutory approaches, legal principles and Islamic law. The results of this research show that the juridical interpretation of the inclusion of standard clauses in murabahah contracts contains elements of a combination of positive law and Islamic law. The inclusion of standard clauses in a murabahah contract must be interpreted contextually, both in terms of the object being traded or the subject matter of the parties involved in the contract.

Conundrum of Rape, Consensual Intercourse and Perjury in India

Abstract This article critically analyses the offence of rape through the lens of deception under the ambit of false pretext of marriage by relying upon the Indian jurisprudence surrounding the same. The article will attempt to examine the central concern caused by the registration of false First Information Report (FIR) over the struggles of actual cases by projecting a balanced outlook while demarcating between rape and consensual intercourse through the backing of judicial interpretations. It will also discuss the positioning and effectiveness of perjury laws in India. Further, it will try to examine whether the consent of the prosecutrix in particular cases was obtained—based on a false pretext of marriage or a misconception of fact. It will also consider the medical factors that were relied upon by the Judges while distinguishing between the act of rape and consensual intercourse, and how does the delayed reporting of the crime by the victim results in misguiding of facts, and its impact.

Reforming Post-Arrest Bail in Pakistan: Lessons from a Comparative Study with India

This research paper presents a comparative analysis of the legal frameworks governing post-arrest bail in India and Pakistan, with a focus on the statutory provisions, judicial interpretations, and procedural safeguards that are involved. Although both states share a common legal heritage which is rooted in British colonial law, however, they have diverged in their approaches to bail, which are influenced by their respective constitutional mandates, legislative developments, and sociopolitical landscapes. This comparison is essential in order to understand how these legal systems are balancing individual rights with societal security and how judicial discretion are shaping bail in each country. For this purpose, this paper examines constitutional provisions besides main statutory provisions of the Indian and Pakistani criminal procedural laws, the role of judicial discretion and evolving jurisprudence of the post-arrest bail. This study offers insights into potential legal reforms, with an aim to enhance fairness and consistency in bail practices, through juxtaposing these principles in India and Pakistan. This study concludes that Pakistan should consider restructuring its bail procedural laws and system, and it suggests reforms taking into account the benefits of India’s progressive legal framework, to ensure consistency, fairness, and the protection of individual rights. This research also recommends future studies on balancing bail and incarceration, through focusing on judicial discretion and the application of the principle of proportionality.

The Legal Landscape of Freedom of Association in Canada: The Complex Path to Half of a Constitutional Freedom

Abstract Part of a special issue setting out the shape of freedom of association in jurisdictions around the world, this article analyzes freedom of association in Canada. It argues that freedom of association in Canada has struggled toward being half a freedom. Early union-context case law saw it significantly constrained in judicial interpretation, though that has changed in recent years. Today, those judicial interpretations continue to face possible parliamentary response under distinctive constitutional arrangements in Canada, and they have not yet animated a case law on association outside the union context, though that now has more potential. So, association remains in the position of being a half-freedom, though this landscape could change in the years to come.

Section 64a of the NDPS Act: Analysing the Immunity from Prosecution for Drug Addicts and Individuals Charged with Minor Offences

Section 64A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 provides immunity from prosecution for drug users charged under Section 27 or involved in minor drug offences, as long as they willingly seek medical treatment for de-addiction at a government hospital. This provision signifies a shift towards prioritizing health rather than criminalization, emphasizing rehabilitative approaches over punitive measures. This paper examines the impact of Section 64A on reducing drug-related harm and the societal stigma of addiction, alongside its goals, challenges, and judicial interpretations. However, its effectiveness is compromised by inconsistent enforcement, insufficient rehabilitation resources, and widespread lack of awareness. Recommendations for enhancement involve elucidating unclear provisions of this regulation, fostering greater sensitivity among the public, law enforcement, and judicial officers, and broadening access to treatment. By bolstering India’s harm reduction approaches, substantial advancements can be achieved in both the legal framework and public health, tackling crucial health challenges and easing the burden on overcrowded prisons, thereby promoting a more equitable and efficient justice system.

Judicial Inefficacies and Legal Inconsistencies in Addressing Honour Killings: A Human Rights Analysis of Pakistan's Legal Framework

In Pakistan, honor killings are tied to consequences, such as property disputes and other difficulties that occur after the death of the victim, as well as to shame and cultural practices. The annual growth in the honour killing justification can be traced to the faulty operation of the state's organs. The media manages to report on the crimes despite the fact that tribal councils are frequently more powerful than courts in Pakistan, where the number of recorded cases is exceptionally low because they typically involve the victim's own family. We undertook the research study to enhance awareness of honour crimes and educate the public, as well as to examine the causes of judicial injustice, the corrupt role of law enforcement, and defective legislation. We have also established that Islam condemns honour killing. Data was acquired with a supplementary technique. The issue arose about the judicial interpretation of a contentious plea, flawed legislation, human rights violations, and obligations, both national and international, notwithstanding notable amendments to criminal law post-2004. Tribal councils currently possess the authority to conduct business autonomously, owing to the comprehensive resolution of legislation, judicial interpretation, and police corruption that contributed to these issues. The flawed legislation highlighted the judges' empathy, as demonstrated by established precedents in their interpretation of provocation grounds that offenders exploit to obtain reduced sentences for egregious offences.

Construction of Legal Knowledge Graph Based on Knowledge-Enhanced Large Language Models

Legal knowledge involves multidimensional heterogeneous knowledge such as legal provisions, judicial interpretations, judicial cases, and defenses, which requires extremely high relevance and accuracy of knowledge. Meanwhile, the construction of a legal knowledge reasoning system also faces challenges in obtaining, processing, and sharing multisource heterogeneous knowledge. The knowledge graph technology, which is a knowledge organization form with triples as the basic unit, is able to efficiently transform multisource heterogeneous information into a knowledge representation form close to human cognition. Taking the automated construction of the Chinese legal knowledge graph (CLKG) as a case scenario, this paper presents a joint knowledge enhancement model (JKEM), where prior knowledge is embedded into a large language model (LLM), and the LLM is fine-tuned through the prefix of the prior knowledge data. Under the condition of freezing most parameters of the LLM, this fine-tuning scheme adds continuous deep prompts as prefix tokens to the input sequences of different layers, which can significantly improve the accuracy of knowledge extraction. The results show that the knowledge extraction accuracy of the JKEM in this paper reaches 90.92%. Based on the superior performance of this model, the CLKG is further constructed, which contains 3480 knowledge triples composed of 9 entities and 2 relationships, providing strong support for an in-depth understanding of the complex relationships in the legal field.

Possibility of retroactive effect of judicial interpretation of criminal law in the context of its legal certainty

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of “legitimate expectations”, which is widely used, in particular, by the Court of Justice of the European Union, and the activity­based approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court’s rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court’s rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons.

Digital Rights in Palestine: Prospects of a Constitutional Judicial Review

Abstract A set of rights and freedoms are protected by constitutions and interpreted by the competent judiciary. The increasing use of information and communication technologies (ICT s) creates new legal challenges to rights and their judicial interpretation. This article aims at analysing the prospects of the Palestinian Supreme Constitutional Court (SCC) concerning digital rights, while considering political and legal challenges. In doing so, it begins with a brief introduction to the concepts of digital right and digital constitutionalism. The article further describes the status of digital rights in Palestine and evaluates the role of the SCC in the adjudication of the constitutionality of the laws in relation to human rights protection on the internet. It finally offers proposals for understanding the necessity for constitutional protection of digital rights in Palestine through judicial review. It argues that the Palestine needs constitutional modernisation to address the legal implications of technologies on human rights.

Joint Liability: A Brief History of the Criminalization of Cannabis, Ganja, Marihuana and Marijuana in the Cayman Islands and Pathways towards Legalization or Decriminalization

Abstract This paper chronicles legislative developments in the Cayman Islands regarding the movement towards decriminalizing marijuana use and possession through various legislative measures. The exposition commences with an explanation on the nuanced contrast between decriminalization and full legalization. Subsequently, it delves into the historical evolution of legislation governing marijuana-related offences and offenders. Judicial interpretations arising from these statutory changes are also examined. Additionally, the article critically evaluates the legislative reforms pertaining to the expungement of offences associated with marijuana. Finally, it offers recommendations to address identified statutory anomalies and discrepancies, with a view to establishing a viable legislative framework conducive to achieving the objectives of decriminalization.

Validity and Legal Implications of Oral Transfer

This article provides a comprehensive analysis of the validity and legal implications of oral transfers under Section 9 of the Transfer of Property Act, 1882. It allows property transfers to be made orally, provided that the law does not expressly require a written instrument. The article explores the scope of this provision, focusing on movable property and certain types of immovable property, including transactions valued below Rs. 100 and transfers of future interests. It also delves into the practical challenges of oral transfers, particularly regarding evidentiary issues, the applicability of the Registration Act, 1908, and the Indian Evidence Act, of 1872 . Judicial interpretations and case law offer insight into the enforceability of oral transfers, emphasizing the significance of possession in validating such transactions. Despite the legal validity of oral transfers, the article highlights the risks of uncertainty, fraud, and difficulties in proving ownership, making oral transfers less common in modern property transactions.

Navigating digital financial exclusion: legal imperatives for disabled people in China

This paper examines the barriers hindering access to digital financial services for individuals with disabilities in China and proposes strategies to address these challenges. Despite rapid growth in inclusive digital finance, practical experience reveals uneven coverage, leading to digital exclusion and discriminatory practices. Barriers include limited access to digital infrastructure, standardised financial products neglecting diverse needs, and insufficient financial education. Moreover, legal safeguards exhibit notable deficiencies, lacking the incorporation of accessibility requirements and effective enforcement mechanisms. Therefore, strengthening legislative, enforcement, and judicial safeguards is essential. Proposed measures include integrating accessibility provisions into financial laws, developing tailored regulatory mechanisms, and enhancing judicial interpretations. These efforts will improve accessibility and foster a digitally enriched quality of life for individuals with disabilities in China.

Study on the Type, Situation, and Cause of Juvenile Crime

The comprehensive strength of minors affects whether China can stand on the international stage for a long time in the future. The country issued several special laws and regulations and judicial interpretations about juvenile crimes, but in recent years, with China’s reform and opening up and the influence of multiple factors such as social environment, juvenile crime began to grow, the social influence and crime happens, minor crime become the main influencing factors of social unrest. To effectively prevent and reduce juvenile delinquency, it is necessary to accurately analyze and grasp the types of juvenile delinquency, crime trends, and characteristics of crime, then to dig out its internal reasons, to provide solutions to this social problem.