Safeguarding Yakshagana: Insights from International Case Studies on Protecting Traditional Cultural Expressions through Intellectual Property Laws

Abstract

Preserving traditional cultural expression (TCE) through intellectual property rights (IPR) is pivotal in safeguarding the cultural identity of Indian indigenous communities. This paper explores the legal challenges and opportunities in safeguarding TCE, focusing on Yakshagana—a traditional theatre form from Karnataka that epitomizes the cultural heritage and collective intellectual contributions of native communities. Yakshagana, with its unique blend of dance, music, dialogue, costume, makeup, and stage techniques, serves as a compelling case study for examining the intersection of TCE, IPR, and cultural identity. The communal nature of Yakshagana, characterized by its oral transmission and regional variations, complicates its protection under conventional IPR frameworks designed for individual and documented knowledge. Legal challenges include the difficulty of documenting and codifying oral traditions, risks of misappropriation, and the inadequacy of existing legal instruments, such as the Indian Patent Act and the Biological Diversity Act, to fully encompass the cultural and intellectual essence of Yakshagana. Despite these challenges, there are significant opportunities to safeguard Yakshagana through innovative legal approaches. The integration of sui generis systems, specifically designed to protect TCE, can offer more effective and culturally sensitive protection. Community protocols and benefit-sharing agreements can ensure that the custodians of Yakshagana receive fair recognition and compensation. Moreover, geographical indications (GI) can be leveraged to protect the regional identity and authenticity of Yakshagana, preventing unauthorized commercial exploitation. This paper underscores the importance of legal reforms and community empowerment in protecting TCE like Yakshagana. By advocating for a balanced approach that harmonizes modern IPR frameworks with the unique needs of indigenous communities, the paper highlights how India can set a global precedent in preserving and valuing the rich heritage of its indigenous populations.