Abstract

This study offers a comparative analysis of traditional cultural expressions (TCEs) from both international and Indian perspectives, focusing on their intersection with Intellectual Property Rights (IPR). TCEs encompass a diverse array of indigenous knowledge, folklore, artistic creations, and traditional practices that have been nurtured by communities over generations. Their preservation and protection have become paramount in the context of globalized cultural exchanges and the commodification of cultural heritage. From an international standpoint, this research examines the legal frameworks and mechanisms for safeguarding TCEs under IPR regimes, drawing attention to global conventions such as the World Intellectual Property Organization (WIPO) and UNESCO's initiatives. It evaluates the effectiveness of these international instruments in recognizing and protecting TCEs, addressing issues of misappropriation, and fostering equitable sharing of benefits. Additionally, the study explores case studies from different countries to discern best practices in integrating TCEs within the IPR framework. Shifting to an Indian perspective, the research delves into the multifaceted nature of traditional cultural expressions within the country's rich cultural tapestry. It assesses how India's IPR laws and regulations accommodate and protect TCEs while acknowledging the complexities arising from the country's cultural diversity. The study investigates the roles played by Indian institutions, such as the National IPR Policy and traditional knowledge digital libraries, in the preservation and promotion of TCEs. Furthermore, this comparative examination underscores the challenges and opportunities at the crossroads of international and Indian perspectives on TCEs within IPR. It explores issues related to prior informed consent, benefit-sharing mechanisms, and the need for a balance between protecting cultural heritage and fostering innovation. By adopting a multidisciplinary approach encompassing law, anthropology, cultural studies, and ethics, this research offers valuable insights into the evolving landscape of TCEs within the framework of IPR. It contributes to the ongoing discourse surrounding the protection of cultural heritage, the rights of indigenous communities, and the development of inclusive policies that respect the unique nature of traditional cultural expressions in both global and Indian contexts.

Keywords