Threads of Exploitation: The Silent Erosion of Indian Indigenous Art and Handloom Heritage Under Weak IP Protection

  • Honey Pandey and Dhruv Jain
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  • Honey Pandey

    Student at Delhi Metropolitan Education, affiliated to Guru Gobind Singh Indraprastha University, Delhi, India

  • Dhruv Jain

    Student at Delhi Metropolitan Education, affiliated to Guru Gobind Singh Indraprastha University, Delhi, India

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Abstract

India’s indigenous art forms and handloom traditions, embodying centuries of cultural expression, face an alarming threat of exploitation under the weak intellectual property protection framework. Despite the existence of Geographical Indications (GI) laws, enforcement remains inadequate, allowing unauthorized commercial use of folk designs like Madhubani paintings, Knajeevaram Silks and Pattachitra by global brands. Traditional IP structures, built around individual authorship, fail to accommodate the collective ownership nature of indigenous creativity. As a result, artisans face economic marginalization, cultural dilution and the loss of intangible heritage. This paper critically examines these systemic gaps and highlights the urgent need for sui generis legal protections, stronger GI enforcement and internationally recognized frameworks through WIPO. By situating indigenous art protection at the nexus of intellectual property, cultural preservation and human rights , the research advocates for reforms that ensure rightful recognition and sustainable preservation of India’s artistic legacy.

Keywords

  • Indigenous art
  • Handloom heritage
  • Intellectual Property Rights
  • Geographical Indications
  • Cultural Protections

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 121 - 131

DOI: https://doij.org/10.10000/IJLMH.1110387

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This 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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