IPR Regime: Copyrighting Tradition And Culture!

Neelesh Sharma, BA LLB (Hons.), IMS Unison University, Dehradun

Ipsa, BA LLB (Hons.), IMS Unison University, Dehradun

ABSTRACT

The protection of technology, trade secrets and designs has always been the priority for every nation and their government, because of obvious economic and development reasons. Be as it may, the last few decades have witnessed a shift in the traditional Intellectual Property Regime. Traditional Cultural Expression is one the many subject-matters that has become a part of IPR regime after a persistent effort of the activists. The custodians or the community members of the Traditional Cultural Expression have struggled for the protection of their cultural folklores, music, dance forms, folk tales, etc.

This article aims to highlight the changes that the IPR regime has undergone in the last few decades with respect to TCEs. In doing so, the article focuses on the meaning of TCEs and the reasons for which community members desire protection of their traditional heritage. Moving further, it will shed light on the struggle and efforts made by the guardians of TCEs and their expectations for the standard of protection, rights and privileges that should be granted. Furthermore, it gives a glimpse of the changes incorporated in international protection regime of IPR in respect to TCEs. The article will conclude with an analysis of the protection provided to the TCEs and certain recommendations.

Keywords: TCEs (Traditional Cultural Expression), IPR Regime, Traditional Heritage, International protection.