Intellectual Property Protection And The Protection Of Folklore
- IJLLR Journal
- May 3
- 2 min read
Shudha Nankani, Presidency University, Bangalore
ABSTRACT
The folklore intellectual property interface has taken on significant relevance in the modern globalization age where cultural expressions are becoming more and more susceptible to commercialization and transatlantic distribution. Folklore, also known as traditional cultural expressions (TCEs), is the shared cultural heritage of indigenous and local people and it reflects the identities of these communities, their traditions, and their continuity in history. These are words that are passed down through generations and are common and not in the traditional sense of individual authorship.
The current intellectual property system largely rests on the foundations of originality, the identifiable ownership, and the restricted protection period. These fundamental aspects make it unsuitable in protecting folklore which is naturally collective, dynamic, and ongoing. Consequently, the existing cultural manifestations tend to be beyond the confines of the lawful protection, and thus, they become exposed to unauthorized use and exploitation.
Lack of proper legal protection has resulted in the rising cases of folklore misappropriation and commerce especially by outside groups that gain economic advantage without the permission or involvement of the communities that created the folklore. This does not only lead to economic imbalance, but also compromises the cultural purity and value of such manifestations.
The paper critically looks at the shortcomings of traditional intellectual property laws and reviews the place of global systems, especially those that have been created by WIPO and UNESCO. It also highlights the importance of a sui generis regime of protection that acknowledges the rights of the communities, equitable distribution of benefits, and offers effective solutions to exploitation, thus facilitating the maintenance of cultural preservation and justice in law.
Keywords: Intellectual Property, Folklore, Traditional Cultural Expressions, Cultural Heritage, Indigenous Rights, Misappropriation, Sui Generis Protection, WIPO, UNESCO
