OLD IS GOLD: PROTECTION, PRESERVATION AND PROMOTION OF TRADITIONAL CULTURAL EXPRESSIONS THROUGH A SUI GENERIS LEGISLATION IN INDIA

Abstract

Recently, the protection of Traditional Cultural Expressions (TCEs) has garnered the attention of the international community and has become a practical concern for nationalpolicy makers in many countries. India, being one of the oldest societies of the world, has a very large repository of literature, music, art forms, designs, marks, etc. This article addresses the lack of debate on TCEs, which is a great economic and cultural asset of the country and analyses the adequacy of the present legal framework to protect TCEs. The article presents case studies of Banarasi Saree, Warli painting and Bhojpuri folk-music as examples of limitations of copyright law, and how grossly each has been commercially appropriated and exploited. The article further discusses the need for a sui generis legislation of an intellectual property nature by presenting the example of sui generis legislations of developing countries like Kenya, Philippines, and Panama. As an overall outcome, it is concluded that a sui generis legislation of an intellectual property nature would be able to protect TCEs in a diverse & culturally rich country like India and it further suggests some modifications to the Traditional Knowledge Bill, 2016 in order to be more effective.