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Abhijeet Kumar

Abhijeet

PhD Student

Email: abhijeet.kumar@qmul.ac.uk

Profile

Thesis title

Protecting Intangible Cultural Heritages of Adivasis

Supervisors

Summary of research

The research aims at to identify the loopholes in the model of legal protection available for protecting Intangible Cultural Heritage of Adivasis, and recommend solutions against the same. The issue remains a subject-matter which can be governed under many legal systems, however, is not specifically covered under any, till date. Considering the initial demand of India for protecting folklores in 1967 at international forums, lack of a domestic legislation making any efforts in this regard poses multiple queries.

The research is being looked at from an Indian perspective, a country of vast cultural resources owned by diverse communities even within the Adivasis. It aims at developing a trans-disciplinary legal system which can meet the demands of protection, preservation, practicing and propagation by Adivasis, with respect to their ICH.

Biography

Abhijeet is a PhD candidate at Queen Mary University of London, researching upon Intellectual Property Laws. He is a recipient of the Herchel Smith Fellowship. He has done his BA, LLB degree with dual honours in Political Science and Intellectual Property Rights from NLU Odisha (India), and his LLM degree from NLU Jodhpur (India), with specialisation in Intellectual Property Rights. He has professional experience of practicing as an Advocate before Courts in India and as In-house Counsel for Hindustan Petroleum Corporation Limited, a ‘Maharatna’ Undertaking of Govt. of India.

Publications

Book

  • A Complete Guide to Valuation of IP Assets: With Discussion on Managing, Auditing and Taxing IPs, Thomson Reuters, 2020.

Book Chapters

  • Methods for Intellectual Property Valuation, in ‘Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives’ (Irene Calboli and Maria Lillà Montagnani eds.), Oxford University Press, 2021. (Co-authored)
  • Bioinformatics: Nuances in Granting IP Protection, in ‘Intellectual Property Issues in Microbiology’ (Prof. H.B. Singh and Chetan Keswani, eds.) Springer-Nature, 2018.

Book Reviews

  • Promises Made, Promises Kept: Open Access as a Tool for Breaking Barriers to Research, Review of 'Copyright’s Broken Promise: How to Restore the Law's Ability to Promote the Progress of Science' by John Willinsky (MIT Press, 2022) Queen Mary Law Journal, Volume 4, pp. 92-94.
  • A Legal Tripartite for Protecting TCEs: a step forward from the IP narrative, Review of ‘Legal Shape-shifting: On the protection of traditional cultural expressions and crossing boundaries between copyright, cultural heritage and human rights law’ by J.M. Breeman (Eleven Publishing), Journal of Intellectual Property Law & Practice, Volume 16, Issue 10, October 2021, Pages 1157–1158.
  • Review of ‘Chokepoints: Global private regulation on the Internet’ by Natasha Tusikov (University of California Press, 2016), for International Criminal Justice Review, Vol. 29 (1), pp. 90-91, 2017.
  • From System to Culture: Heterogeneity in Indian Society, [Review of Book ‘Adjudication in Religious Family Laws’ by Gopika Solanki (New York: Cambridge University Press, 2011)], NLUO Law Journal, Vol. 1, Issue 1, (March 2014).

Peer-Reviewed Articles

  • “My Words, My Copyright”: Justifiability of Performer Owning ‘Speech’ or ‘Address’, Journal of Intellectual Property Rights, NISCAIR. Vol 27 (2), pp 79-90 (2022).
  • Stem Cell Patenting: Moral and Legal Dilemma, Journal of Intellectual Property Rights, NISCAIR. Vol 27 (1), pp 42-51 (2022).
  • ‘Unpackaging’ Trademark Through Tobacco Regulations, Journal of Intellectual Property Rights, NISCAIR. Vol 25 (1-2), 29-39 (2020).
  • IP Protection to Software: Conflict between Indian Provision and Practice, Journal of Intellectual Property Rights. NISCAIR. Vol 22(5), 247-256 (2017).
  • Protecting Smell Marks: Breaking Conventionality, Journal of Intellectual Property Rights. NISCAIR. Vol 21(3), 129-139 (2016).
  • Gene Patenting vi-a-vis Notion of Patentability, Journal of Intellectual Property Rights. NISCAIR. Vol 20(6), 349-362 (2015).
  • Protecting Trade Secrets in India, Journal of World Intellectual Property. Volume 18(6), 335 –346 (2015). (Co-Authored)
  • Underwriting Agreements in India: Existing Regulations and Needed Reforms, International Company and Commercial Law Review, Sweet & Maxwell, I.C.C.L.R. (9), 295-301 (2015).
  • Communities Right and Fair Benefit Sharing: Legal Instruments and Hurdles in Implementation, Journal of Intellectual Property Law and Practice, Oxford University Press 10 (1): 48-57 (2015).
  • Crystallisation of a Floating Charge in India: The Scope and Need of Law Reform, International Company and Commercial Law Review, Sweet & Maxwell, I.C.C.L.R. (9), 323 (2014).

Research

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