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VOL. 12, ISSUE 1 (2026)
From tradition to exploitation - How the global lack of tce protection hits India hard: A case study of well-known global fashion brands
Authors
Shefali Sikandar, Ashima Sikandar
Abstract
The unchecked misappropriation of Traditional
Cultural Expressions (TCE) by commercial presents a global challenge,
disproportionally impacting culturally rich nations like India. While
Geographical Indication protect products from a specific origin, TCE’s embody a
community’s living heritage. The global fashion industry’s exploitation of
indigenous design without proper acknowledgment, consent, or compensation to
the communities exacerbates the issue. Though TCE’s have been discussed through
the 1960’s and even had a brief mention in the Berne Convention in 1967, the
lack of specific framework is particularly problematic for India. This
paper examines instances where Indian TCE’s were commercially exploited by
well-known global brands, like Gucci, Dior and Levi’s in the International
Fashion Shows which captured the attention of India. Through these
examples, this paper seeks to highlight the tangible repercussions of
inadequate legal safeguards especially in India and the urgent need for
recognition of TCE’s as a distinct intellectual property right, which will
offer protection to indigenous communities a greater control over their
cultural heritage and ensure fair compensation for its commercial use.
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Pages:544-547
How to cite this article:
Shefali Sikandar, Ashima Sikandar "From tradition to exploitation - How the global lack of tce protection hits India hard: A case study of well-known global fashion brands". International Journal of Law, Vol 12, Issue 1, 2026, Pages 544-547
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