Student at Tamil Nadu National Law University, Tamil Nadu, India
In the world of fashion, designers increasingly draw inspiration from the concept of traditional cultural expression which is rooted in the heritage of indigenous and local communities. However, using these priceless cultural expressions without giving due credit and recognition raises moral and legal problems. The primary goal of this paper is to examine the need for traditional cultural expressions to be preserved within the fashion industry emphasizing its significance as both a form of artistic expression and a part of cultural legacy. In order to protect the rights of the communities from whom the design comes, this paper argues for the necessity of a legal framework similar to the sui generis system that acknowledges and preserves Traditional Cultural Expressions. This paper aims to illustrate the limitations of current intellectual property rules in promoting ethical practices in the business and maintaining cultural diversity. Protecting traditional cultural expressions in fashion as well as ensuring the sustainability and integrity of cultural heritage as a whole are the paper’s main objectives.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1239 - 1253
DOI: https://doij.org/10.10000/IJLMH.118367This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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