Volume II Issue II

Safeguarding India’s Traditional Knowledge and Folklore: An Analysis of IPR Challenges, Case Studies and Legal Frameworks Shraddha Patil, DES’s Shri Navalmal Firodia Law College, Pune Download Manuscript This research highlights the challenges of applying IPR laws to protect TK and folklore in India. This includes assessing current laws, and protection mechanisms against biopiracy and other threats. The research method used is doctrinal legal research methodology as it uses legal sources, statutes, case laws etc as primary and secondary resources. Frameworks and protection mechanisms present in other countries are compared to those of India. The study finds several challenges in the protection of TK and folklore, the gaps in the current framework of TK and folklore protection in India, and also provides solutions like the introduction of sui generis systems. According to research, it is necessary to adopt a holistic approach to safeguard TK and folklore in India. That is to say, reinforcing domestic regulations, devising sui generis schemes fit for the Indigenous communities, and joining the global initiatives to create a coherent global system. The analysis puts forward a mixture of legislative reforms, local initiatives, and global collaboration to ensure their sustainable protection. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 980-999. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

LANDSCAPE OF FOOD SAFETY IN INDIA: NAVIGATING THE LEGAL CHALLENGES AND PERSPECTIVES Biraj Kumar Sarkar, Surendranath Law College,University of Calcutta Download Manuscript Food safety is our fundamental right which has the utmost importance to our health. Throughout the world, many countries enact tough rules and regulations to protect their citizens from consuming unsafe foods. Countries like India, feed a large geographically dispersed population among which one-tenth of the population is under the poverty index. India ranks 111 out of 125 countries (2023) in the global hunger index and over 20% of the kids under the age of 5 are underweight and struggling with malnutrition[1]. In this ridiculous situation, food safety is a vital matter of discussion which we often neglect. For a long time, we have been facing many food safety irregularities in our country. From government-aided organizations to private organizations to street vendors we can see numerous instances of unhygienic, unsafe food practices. In 2024 a chain of gruesome instances comes to light which shows us the landscape of food safety in India. The enactment of the Prevention of Food Adulteration Act 1954 underlines the need for food safety rules in India. In 2006 the government revised and consolidated food safety legislation and enacted the Food Safety and Standards Act 2006 which came into effect in 2011[2]. This act tries to implement rules and regulations for all issues regarding food safety in India. This research endeavour strives to comprehensively study the legal provisions of the Food Safety and Standards Act of 2006 along with the recent and past instances regarding food safety matters. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 964-979. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

Analyzing the Role of Copyrights and Trademarks in Business Transactions Sankalp Vashistha, icfai university Download Manuscript This research study compares India’s copyright and trademark laws, looking at their protections, breadth, and enforcement procedures, as well as their influence on economic transactions including licensing, franchising, and litigation. It contends that, while copyright laws provide broader protection for creative works, trademark laws are more successful at protecting brand identification, and firms that use both rights gain more competitiveness and innovation. The paper examines the historical evolution of these laws, concentrating on significant legislative milestones and international agreements that influenced the Copyright Act of 1957 and the Trademarks Act of 1999. It emphasizes the actual applications of these laws in the digital era, covering issues such as counterfeiting and differing foreign legal norms. Digital Rights Management Systems (DRMS) and blockchain are being offered as technological alternatives to improve IP rights enforcement. The article uses case studies to highlight the importance of integrated copyright and trademark policies in creating a strong IP protection environment, guaranteeing market competitiveness, and boosting corporate growth in India. The findings highlight the importance of strong IP laws and creative enforcement tools in protecting intellectual property assets and facilitating strategic company operations. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 944-963. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

Path to Justice: Navigating Judicial Reforms and Technological Innovation in India’s Legal System Apurva Shah, DES’ Shri Navalmal Firodia Law College, Pune) Download Manuscript “Justice delayed is Justice denied.” The justice delivery system in India has always been contrasting in terms of handling large caseloads, delayed justice delivery, and restricted access. In the recent past, there has been an understanding of the importance of enhancing not only the overall judicial systems but also involving technological solutions to the problems. In this paper, the author analyses the judicial reforms and technology in Indian legal systems and what impact the changes have had. The paper also evaluates the implementing reforms in judicial systems for improvement of justice delivery, especially through the efficiency of justice delivery expected out of projects like eCourts that seek to computerize the judicial systems as well as the National Judicial Data Grid (NJDG). This paper examines the role of another developed system, called the Case Information System (CIS), that effectively organizes the case regime and increases the productivity of judicial proceedings. The use of those technological tools is considered against the general background of global trends, with comparisons to other experiences of digitalization initiatives in other countries. It could be seen that this research is a call for how technological innovation, can radically annul traditional concepts and realities of justice in India. This is true, but it maintains that these reforms must be done alongside the consideration of matters regarding data privacy, cybersecurity, and, importantly, the accessibility of justice for everyone, especially minorities. Using the existing data on judicial reforms and Digitalization of the Indian legal fraternity, this conceptual paper shall try to unfold how exactly the Indian Justice delivery system is adapting to the dynamic world. The study contributes to the knowledge useful for the policymakers, lawyers, and academics who follow the changes in the context of the Indian judiciaries. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 923-943. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

The Unlawful Activities Prevention Act (UAPA) and the Indian Constitution: An Analysis of the Constitutional Framework and the Impact on Individual Rights Rimin Cherian Reji, (New Law College, BVDU, Pune) Download Manuscript A committee appointed by the National Integration Council recommended an Act be approved by the Central Government in 1967 in order to prevent individuals or organizations from acting illegally in a way that might compromise the integrity and sovereignty of the nation. Both the POTA (Prevention of Terrorism Act), 2002, and the TADA (Terrorist and Disruptive Activities (Prevention) Act, 2002, have been superseded by the Act. The history of India makes it abundantly evident that there have been numerous acts of terror throughout the years. The terrorist assaults on the Parliament in 2002 and the Mumbai attacks are two examples of them. An attack of this kind would surely cause dread among India’s populace, given the country’s size. Many Activists, minorities, and people from marginalized sections were arrested under the label of the Act and recently the writer and activist Arundhati Roy was arrested under the Unlawful Activities (Prevention) Act of 1967. The criticism against the Act is that since the definition of unlawful activities is vague the freedom to dissent and criticize the government is also challenged under the Act. The Government can use the provisions of the Act against those who speak against it and this may negatively impact the democratic principles of the country. The Act allows prolonged detention and obtaining bail is a very difficult task for the accused and this violates the right to a speedy trial. The Constitutional validity of the Act and the amendments made to it need to be discussed and the cases regarding are still pending. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 901-922. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

SECULAR VALUES AND RELIGIOUS REALITIES: A LEGAL EXAMINATION IN THE LIGHT OF INDIAN CONSTITUTION Devi Prasad Mishra, Lajpat Rai Law College, Sambalpur University Download Manuscript The preamble of the Constitution of India declares India as a secular, democratic, socialist, and sovereign republic. However, in Indian society, clashes between different religious communities can be often witnessed. The disharmony among religious groups in India is caused by various factors, such as colonial policies, political manipulation, media influence, and socio-economic disparities. The state has taken many steps to combat religious disharmony. The Supreme Court has interpreted the constitution, upholding secular values in cases like S.R. Bommai vs. Union of India, Hindu Religious Endowments of Madras vs. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt Case, etc. To address these issues, the union government has appointed many committees for investigation and recommendations. To resolve the issues, the state must implement a uniform civil code and promote secular education. Effective legal measures and policies are also needed to ensure that religious harmony continues. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 884-900. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

BHOPAL GAS TRAGEDY: THE ESCAPE OF WARREN ANDRESON FROM INDIA Anisha Parveen, Jamia Hamdard, New Delhi Download Manuscript One of the worst industrial accidents that has ever happened in the world is Bhopal Gas Tragedy. During December 1984 night a poisonous gas leaked from Union Carbide India Limited plant in Bhopal Madhya Pradesh. The leaking gas caused thousands of deaths and severe health conditions to many others. A US firm called Union Carbide Corporation possessed the factory where Warren Anderson acted as its CEO by then. Anderson went straight to India after the calamity, and Anderson was arrested by the Madhya Pradesh police for negligence causing deaths. Nevertheless, they released him some hours later on bail and he immediately left India. His sudden departure generated a lot of debate among many people who viewed it as a failure to deliver justice to victims. It is believed that political and diplomatic pressure also contributed towards helping Anderson escape so easily. He never made any attempts to go back to India in order to face the charges. The Indian courts endeavoured to summon him multiple times, even declaring him an absconder but Anderson spent his remaining days living in America where he was not put on trial for any crimes committed within India’s jurisdiction. His flight revealed loopholes in the Indian legal system especially when dealing with influential corporations. To date, the Bhopal Gas Tragedy victimizes still feel agonizingly incomplete about how Andersen managed to run away without ever being tried. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 868-883. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

VIDEO GAME DEVELOPERS’ USE OF INTELLECTUAL PROPERTY LICENSING Naman Jain, Galgotias University. Download Manuscript Developers may also have to consider license agreements for components from game engines or community-made modifications.[1]. These agreements define the terms and conditions under which the developer may use the licensed intellectual property, including payment schedules and usage constraints. Developers can offer distinctive game experiences while managing legal difficulties thanks to licensing agreements. Publishers frequently grant intellectual property licenses to game producers, which has administrative and financial concerns. Furthermore, IP licensing makes it easier to recreate and adapt original, protected parts from other entertainment mediums. Additionally, YouTube provides instructional materials on the licensing of intellectual property in the gaming sector. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 856-867. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

REMEDIES AGAINST FALSE SC / ST ACT CASES IN INDIA Krishang Sharma, University Five Year Law College, University Of Rajasthan. Download Manuscript In India, one of the greatest evils of the society is the caste system which has continued through ages and has been seen as putting great hindrance in the development of the country, the brotherhood among the citizens, and the fraternity of the nation.  The government has taken many steps over the period to remove this ill practice from society and one among those steps was the scheduled caste and scheduled tribe (prevention of atrocities) act[1]. This legislation can be categorized as the main legislation formulated to protect the rights of the backward classes in India. This act was enacted in 1989 to” safeguard the rights” of these classes and bring them justice. The act has gone through many amendments since its enactment.  But as usually seen every good deed is converted to a bad deed when got into the wrong hands. People who are covered under this act were seen spreading hatred and threatening the upper caste for their revenge under the false name of this act. Hence, in this research paper, we are going to discuss the complete history, its need in the present world, its provisions, amendments, loopholes, and some of the Supreme Court judgments that dealt with it. We will also be discussing both, the positive and the negative aspects of this act as well as the impact on society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 844-855. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

DYNAMICS OF THE ROLES AND RESPONSIBILITIES OF PERMANENT AND NON-PERMANENT MEMBERS OF THE UNITED NATIONS SECURITY COUNCIL Deepanshi Choudhary, STUDENT AT UPES DEHRADUN, B.B.A., LL. B (HONS.) 5TH YEAR Shruti Monga, STUDENT AT UPES DEHRADUN, B.B.A., LL. B (HONS.) 5TH YEAR Download Manuscript The primary responsibility for safeguarding world peace and security rests on the shoulders of the United Nations Security Council (UNSC). This analysis examines developments that affect members’ duties and responsibilities, both permanently and in the short term. It examines the impact of power imbalances between 10 non-permanent members (NPMs) elected for two-year terms and five permanent members (P5) with trust rights. This paper looks at the benefits of regular membership, ways for NGOs to make an impact, and ongoing discussions on reforming the UNSC to better represent contemporary geopolitics a key UN body with a mandate to create the world the protection of peace and security and the United Nations Security Council. Member states from regions with little or no representation in the Security Council (SC) have been attacked as undemocratic since the institution’s founding in the mid-1940s. This study examines how duties and responsibilities of various permanent and non-permanent members of the United Nations Security Council (UNSC). This gives them a unique ability to shape international policy and maintain geopolitical interests. In contrast, non-permanent members appointed for two-year terms do not have veto power but support the work of the Council by participating in decision-making processes, committees, and peacekeeping missions. Within the context of worldwide peace and security, it examines the special roles, rights, and regulations of those member types. This examination examines the evolving roles and responsibilities of permanent and non-everlasting individuals of the United Nations Security Council[1], highlighting the dynamics of power, choice-making, and affect inside the Council’s framework and its impact on global governance. The effects of their responsibilities on conflict resolution, decision-making strategies, and the U.S.’s typical efficacy in maintaining international peace and balance are all examined in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 824-843. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024