Indian Journal of Law and Justice

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2866

Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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2020 - 20222

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Author: search.filters.author.Chakrabarty, Shambhu PrasadSubject: search.filters.subject.Traditional Knowledge

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Now showing 1 - 2 of 2
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    Protection of traditional knowledge in India by sui generis laws of geographic indications and the Protection of Traditional Knowledge Bill, 2022
    (University of North Bengal, 2022-09) Chakrabarty, Shambhu Prasad; Rodricks, Abhisekh
    This research paper explores the potential of protecting Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) under the modern Intellectual Property Law Regime with special reference to Geographical Indications (GI). It also highlights the process of registering GI under the Indian GI legislation with special regard to ancestral knowledge. The paper also highlights the limitations of GI protection concerning protecting TK/TCE as a whole. Protecting TK has always been a challenge under the modern legal system, and this limitation has irretrievably damaged this knowledge base. Efforts have been made to preserve and protect TK through IPR, but this approach achieved very limited success. The absence of TK protection as a whole by TRIPS has left a sui generis approach to protecting TK. The proposed Protection of TK Bill 2022 could be criticised at length, including the absence of synchronisation between Intellectual Property Rights (IPR) safeguards, including GI as a mode of protecting TK has also been noticed. This research paper identifies some of the TK that has been protected under the GI Act in India encourages the indigenous and tribal peoples to explore the limited potential of GI protection to their ancestral knowledge. It also assists the legislature in reconsidering certain aspects of the Protection of the TK Bill, 2022.
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    Role of Indigenous and Tribal Peoples in Eco System Services: Time to Look into the Pages of the Past for an Answer
    (University of North Bengal, 2020-09) Chakrabarty, Shambhu Prasad
    Indigenous and tribal communities all across the world have taken care of the natural resources they have been living in for centuries. The various traditional knowledge's have transferred through generations and has been following them as ancestral knowledge. A lot many efforts have been made by these communities and serious contributions have been made in eco-system services by them. Their life has been sustainable and have respected natural resources more than their greed. Research has unraveled various method of similar eco system services which have been documented and practices till date. This practice requires to be imitated specially in jurisdictions with many indigenous, aboriginal and tribal communities specially in the area of conservation of indigenous medicines and water resources.