Beyond Copyright: Designing a Sui Generis Framework for Folklore and Traditional Knowledge Protection in India

Abstract

Indian folklore and traditional cultural expressions (TCEs) showcase the diverse and rich Indian communal heritage, which is rich in traditions, rituals, oral practices, music, dance, art, and indigenous knowledge. While existing intellectual property laws and constitutional recognition of cultural preservation provide some legal protection for the collective, dynamic, and sacred characteristics of such cultural assets, these protections are inadequate. Conventional IP regimes focus on individual authorship and fixed duration; this completely fails to address communal custodianship, intergenerational passing of knowledge, characteristics of folkloric manifestations and TCEs. This research offers a critical analysis of the limitations of the Indian legal frameworks and highlights the urgency for a sui generis system tailored to the unique cultural, spiritual and socio-economic characteristics of Indian TCEs. This paper draws on doctrinal analysis and comparative international experiences to advocate for legal recognition of collective ownership, mechanisms for prior informed consent, consistent protection periods and equitable benefit-sharing arrangements. This proposed framework has the potential to empower indigenous custodial communities, protect cultural and civilisational integrity and promote sustainable cultural innovation and continuation. Finally, this article charts a path towards culturally sensitive, aware, inclusive and impactful safeguard provisions for India’s priceless intangible heritage in the 21st century.