International Journal of Law


International Journal of Law
International Journal of Law
Vol. 4, Issue 5 (2018)

Exploring the jurisprudence behind traditional cultural expressions in India: A juridical study


Tabassum Iqbal

The protection against such exploitation of traditional script, literature, languages, customs, songs, paintings, handicrafts, rituals and ceremonies, traditional medicinal knowledge, legends and myths, referred to collectively as traditional cultural expressions (“TCE”) has emerged as an aspect of the cultural and intellectual property rights of indigenous people and is a key issue in the international arena. For indigenous people, the rationale for protecting expressions of folklore centres on questions of fundamental justice and the ability to protect, preserve and develop one's cultural heritage. There is also a concomitant expectation, albeit arguably, to receive fair return of what community develops out of collective intelligence. The article is mainly carried out to address the; fact that, Indian societies have been suffering from the exploitation of their existing cultural expression and their associated traditional knowledge by the western multinational corporations and also the entertainment industries. The author therefore endeavors to examine why the Indian laws till date fails to provide an adequate and appropriate and put forward the reasons as to why these regimes fails to provide sufficient protection to TCEs.
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