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.Rodricks, Abhisekh

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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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    ‘Divided by borders united by the Himalayas’: A Cross regional Policy Paper on the ‘Third Pole effect’, focusing on the issue of Water Crisis and Climate change in South Asia
    (University of North Bengal, 2020-03) Rodricks, Abhisekh; Bhattacharjee, Shibasish
    Most of the countries in South Asia like Bangladesh,China, India and Pakistan derive their water sources from the Hindu Kush mountains. It holds the largest stretch of frozen water outside the polar territory for which it it’s referred to as the ‘Third Pole.’ There exists an imminent threat from both the climatic and ecological variations coupled with human activities.Signs of water stresses have been found in majority of the affected regions. More than a billion people are living and thriving off this geo-climatic zone which has therefore, become a region of man-made exploitation. If the predictions, in respect to, growth of population, latent demand for agricultural and energy resources along with climatic variations are not made accurately, the actual stress on the Hindu Kush Himalayas(HKH), can never be assessed correctly, and hence actions taken may not lead to the pre-set goals.