Volume II Issue I

ASSESSING THE EFFICACY OF LEGAL FRAMEWORK ASSOCIATED WITH THE PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA Yashvardhan Nagesh, LL.M Student at Amity Law School Lucknow, Amity University Uttar Pradesh. Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT Traditional Knowledge encompasses skills, technical know-how, practices regarding use of biological resources etc. accumulated and possessed by Indigenous communities since time immemorial. The unbridled globalization driven by technological advancements have intensified the risk of exploitation of traditional knowledge, wherein the corporate entities misappropriate traditional Knowledge for monetary gains without offering compensation to and obtaining consent of holders of Traditional Knowledge. The present research endeavour seeks to assess the efficacy of relevant domestic laws applicable to protection of traditional knowledge. It shall further discuss the challenges confronting protection of traditional knowledge with special reference to unethical practice of Biopiracy. It shall also shed light upon the recent judgement of the Hon’ble High Court of Uttarakhand in Divya Pharmacy v Union of India. Lastly, the author shall summarize the key research findings arrived at the end of research endeavour. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 808-815. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

NAVIGATING REGULATORY FRAMEWORKS: A COMPREHENSIVE ANALYSIS OF LEGAL COMPLIANCE FOR STARTUPS IN INDIA Dhiraj Kumar Choubey, Student at Amity Law School, Amity University Uttar Pradesh, Lucknow Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT The regulatory environment that oversees startups in India is thoroughly examined in this research report. Thanks to a growing startup environment, India has been a hub for entrepreneurial activity in recent years. For startups, however, managing the intricate web of regulatory regulations presents serious difficulties, especially when it comes to guaranteeing legal compliance. The goal of this paper is to give policymakers, investors, and startup founders a thorough grasp of the regulatory frameworks that apply to startups in India. This paper examines the important legal compliance areas that startups must take care of in order to operate successfully in India through a review of pertinent laws, regulations, and government efforts. It also points out potential roadblocks and makes tactical suggestions to make navigating the regulatory environment easier. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 788-807. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

UNRAVELING INDIA’S FEDERAL GOVERNANCE : A CIRCUMSTANTIAL EXPLORATION Swetha M Manohar, 4th year, BA.LLB (hons), VEL TECH SCHOOL OF LAW. Download Manuscript ABSTRACT Federalism is an apparatus where the powers are shared between several layers of government. This form of government acknowledges for the compromise of heterogeneity and topographical sovereignty within the diplomatical system. Our country is said to follow federalism incorporated with few undivided characteristics. Cooperative federalism is a form of government where the powers are shared among the elemental states and the central government, which is in implementation in our country. But India is in fact said to be a quasi-federal government due to the diluted distribution of power to the constituent states. One of the most unadulterated advantages of federalism is the decentralisation of power within the constituency. Now, the popular debate is whether the central wields so much power that it undue influences the states and confiscate their independence? This study particularly endeavours to unearth the discrepancies in the federal governance in India which is said to be a “federation without federalism”. The main finding of the study is the deep-rooted conception of political democracy in the form of federalism. Under the perpetual substitute of political dynamics, our country has witnessed persistent variation in the functioning of the federal system which is the core of this paper. The relentless issue in the federal governance of our country is the unequivocal power of the central government over the constituent states which is in contradiction with the fundamental objective of the federal system but is it really against the objective of federalism? this paper endeavours to answer that in its findings. Thus, this study finds it peremptory to analyse the functioning of federal governance in India and appraise its influence on the democracy of India. The study also has analysed the compact relationship between the centre and the state. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 710-718. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

PRIVACY UNPLUGGED: BALANCING TECHNOLOGY AND HUMAN RIGHTS Eekshitha Gutta, BA LLB Hons. 2nd year 4th semester Download Manuscript ABSTRACT The fine line between fundamental human rights and technological breakthroughs has become increasingly important in an increasingly linked society. The convergence of fundamental human rights and technological advancement has become a crucial focus point in today’s digitally driven society. As we navigate the enormous terrain of the digital world, protecting privacy is crucial to maximizing the advantages of technology. This blog sets out to explore the complex relationship between technology and human rights, analyzing the obstacles and possible solutions for finding a careful balance between the two. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 698-709. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

DIGITAL RIGHTS MANAGEMENT AND COMPETITION LAW: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND MARKET ACCESS Omkar Ashok Galatagekar, Student Of BBA.LLB(Hons) School Of Legal Studies, Reva University, Bangalore. Download Manuscript ABSTRACT This paper delves into the intricate relationship between Digital Rights Management (DRM) and competition law, emphasizing the complexities in harmonizing copyright protection with market accessibility. It scrutinizes the potential anti-competitive ramifications of DRM systems, delves into the regulatory frameworks overseeing DRM and competition law on both national and international scales, and presents case studies illustrating anti-competitive practices linked to DRM. Furthermore, the paper evaluates enforcement strategies and mechanisms aimed at mitigating anti-competitive conduct within DRM markets. The application of competition law principles to DRM encounters hurdles due to the distinctive attributes of digital markets and DRM technologies. Noteworthy challenges encompass tying arrangements, refusal to license, market delineation, technological intricacies, and the necessity for international coordination. Enforcement tools range from antitrust inquiries to remedies and sanctions, international collaboration, consumer enlightenment, and compliance monitoring. Achieving a delicate equilibrium between safeguarding copyright interests and ensuring market entry necessitates the implementation of strategies like fair use provisions, licensing frameworks, standardization efforts, interoperability enhancements, transparency measures, and consumer education initiatives. Different jurisdictions exhibit diverse approaches to DRM regulation and enforcement, with commendable practices revolving around the advocacy for interoperability, transparency, and the reconciliation of copyright protection with consumer entitlements. Recommendations for bolstering international cooperation and alignment encompass information sharing, standard harmonization, and the negotiation of multilateral accords. Ultimately, the paper underscores the significance of navigating the intricate landscape of DRM and competition law through collaborative global efforts and the adoption of best practices to foster a balanced and competitive digital ecosystem. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 678-697. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

TRIMS AND THE CONCEPT OF INVESTMENT UNDER THE WTO AGREEMENT Neha Raj, Student at Amity Law School, Amity University Chhattisgarh Download Manuscript ABSTRACT The Agreement on Textiles and Clothing (ATC) under the World Trade Organisation (WTO) introduced the concept of Trims, or Textile and Clothing Trade-Related Investment Measures. Trims are regulations that govern the investment-related aspects of the textile and clothing sector among WTO member countries. The ATC aimed to phase out quotas and restrictions on textile and clothing trade over a transitional period, leading to a more and competitive global market. Regarding investment under the WTO Agreement, the General Agreement on Trade in Services (GATS) covers a broad range of economic activities, including financial services, telecommunications, and professional services. The WTO’s overarching principles of non-discrimination, transparency, and progressive liberalization apply to investment measures. While the WTO primarily focuses on trade in goods, investment-related aspects are often addressed through negotiations and agreements that complement the trade framework, creating a comprehensive approach to international economic relations. The WTO’s fundamental principles, such as non-discrimination, transparency, and the phased liberalization of trade, extend to investment-related measures. Although the WTO primarily concentrates on goods trade, investment considerations are addressed through negotiations and agreements that complement the overall trade framework, reflecting a comprehensive approach to international economic cooperation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 659-677. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

POVERTY ERADICATION AND SOCIAL JUSTICE Muskan Jain, BA.LLB (HONS.) 10TH SEMESTER, AMITY UNIVERSITY, CHHATTISGARH. Download Manuscript ABSTRACT This Paper represents how Eliminating poverty and advancing social justice are two goals that go hand-in-hand and are essential for building an equitable society. A good society is a place where people’s values are respected and where they are able to live out their aspirations of happiness, development, and fulfillment while making a positive contribution to society. This paper examines how poverty is multifaceted and how it intersects with social justice. The five principles outlined in this paper envision a society in which individuals possess the necessary resources to be content and free to lead meaningful lives. It highlights the need for holistic strategies to address systemic inequities. It examines how government policies, empowerment of communities, education and economic opportunities can fight poverty and promote social justice. It also examines the role of inclusive decision-making processes and the importance of considering diverse perspectives when creating effective solutions. In a poverty-free society, the gap between what is desired and what is currently available is often considerable. This need for transformation is a powerful incentive for social progress.  In addition to the various policies that governments have implemented to reduce poverty, practical measures are needed to ensure that these policies translate into real benefits for people in need. These include adequate funding and monitoring mechanisms to monitor progress, as well as community engagement to make sure policies are in line with the needs of those they are meant to serve. This paper highlights the moral imperative as well as the practical advantages of placing poverty eradication and social justice at the center of sustainable development initiatives around the world. It further proposes some suggestions including policies and practices on how poverty eradication can be combined with social justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 641-658. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

THE EVOLVING SOCIO-LEGAL LANDSCAPE OF CLIMATE MIGRATION Atheesha M. V., Student, Sree Narayana Law College, Poothotta, affiliated to Mahatma Gandhi University, Kottayam, Kerala. Download Manuscript ABSTRACT As the global weather disaster intensifies, thousands and thousands worldwide are being forcibly displaced due to environmental degradation, natural disasters, and resource scarcity exacerbated by climate change. However, the existing legal frameworks governing this rising phenomenon of climate-induced migration remain woefully inadequate and inconsistent across countries. This article delves into the complex socio-legal dimensions surrounding climate migration through the lens of human rights and climate justice. It critically examines the enormous shortcomings of the 1951 Refugee Convention and its stringent definition of a “refugee,” which fails to account for those forced to leave their homelands due to climate-related factors. The article assesses how diverse countries have attempted to address this protection gap through piecemeal national legislation and judicial precedents, highlighting both challenges and opportunities in upholding the rights of climate migrants. Furthermore, it explores the intricate interaction of social, political, economic, and legal factors that shape and often obstruct comprehensive policy responses to climate migration. Particular attention is paid to how climate migrants frequently hail from impoverished, minority, and indigenous populations already grappling with intersecting vulnerabilities, which exacerbate the socio-economic and cultural impacts of displacement. Ultimately, the article advocates for far-reaching legal reforms, including the development of a new multilateral convention to establish binding international norms governing climate migration. Such a framework should be grounded in principles of human rights, climate justice, state responsibility, and equity to uphold the dignity and fundamental rights of those displaced by climate change’s catastrophic effects. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 631-640. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

THE ROLE OF JUDICIARY IN UPHOLDING FEDERALISM AND RESOLVING CONFLICTS BETWEEN CENTRE AND STATE IN INDIA: A COMPREHENSIVE ANALYSIS Rudrabhishek Chauhan, LL.M. student at Gujarat National Law University Silvassa. Gyanendra Pandey, B.A. LL.B. (Hons) student at Gujarat National Law University Silvassa. Download Manuscript ABSTRACT This paper takes a deep look into the key role of the judiciary in supporting federalism and dealing with conflicts between the central and state governments. Before discussing judicial responsibilities, it first addresses historical antecedents and theoretical basis of federalism. Lastly, it considers firm judicial decisions that address legal challenges surrounding federal structures while conflicting amongst themselves. This research paper examines how India’s Supreme Court resolves issues between National and State Governments on basis of different constitutional interpretations; this is achieved through employing varied doctrines. Also, it goes into the application by the Supreme Court of its Judicial Review Power and Judicial Activism to deal with these disputes. In conclusion, this paper suggests some future thrusts for judiciary institutions to uphold federal principles by maintaining equilibrium between power centres in India i.e., Centre and states. Summing up, this holistic study underscores how much input courts provide in preserving public ties among different levels of Governance including central as well as local authorities using a comprehensive approach towards settlement of disputes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 608-630. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024