Abstract

Traditional Cultural Expressions (TCEs), encompassing both tangible and intangible forms like folklore, are vital to the identity, recognition, and livelihood of indigenous and tribal communities. Despite their significance, TCEs in India face substantial challenges under the current Intellectual Property Rights (IPRs) regime, leaving them vulnerable to commercial exploitation and misappropriation. This article, drawing on a comprehensive doctrinal analysis, explores the fundamental concepts of culture, traditional knowledge (TK), and TCEs within the Indian legal landscape, critically examining the limitations of existing IP laws—including trademarks, industrial designs, trade secrets, geographical indications, and copyright—in adequately safeguarding these invaluable cultural assets. It highlights how modernization, digitalization, and globalization exacerbate exploitation, leading to economic, social, and ethical predicaments for traditional communities. The analysis demonstrates that the current IP system, designed primarily for individual authorship, limited duration, and tangible fixation, is ill-suited to the communal, age-old, and often intangible nature of TCEs. Consequently, the article concludes that the legal safeguards provided by the Indian Constitution and conventional IPR laws are insufficient. It advocates for the urgent establishment of a well-balanced sui generis system, alongside amendments to existing IP laws and robust policy initiatives, to ensure perpetual communal ownership, equitable benefit-sharing, and comprehensive protection against the unjust exploitation and erosion of India's rich traditional cultural heritage.

Keywords