India’s diverse cultural heritage faces increasing threats from misappropriation. Yet, its legal framework remains unequipped to protect Traditional Cultural Expressions (TCEs). Experts warn that India’s current intellectual property (IP) laws fail to address the communal and evolving nature of these traditions.—What Are Traditional Cultural Expressions?Traditional Cultural Expressions (TCEs) include folk art, music, dance, crafts, and rituals passed down by indigenous communities. They reflect generations of collective creativity. But they often lack a single author or fixed form—two key criteria under India’s copyright and trademark laws. Learn more about TCEs from the World Intellectual Property Organization (WIPO).—
Legal Gap in India’s IPR Framework
India’s Copyright Act, 1957 protects works with identifiable authors and finite durations. But TCEs are communal, anonymous, and timeless. As a result, communities cannot claim legal ownership. Trademarks and patents also focus on commercial inventiveness and brand identity—not traditional heritage. Even when designs or art styles are used commercially without consent, communities have limited legal options. A 2023 study published by Harvard ILJ emphasized the mismatch between modern IP tools and ancient traditions.—
The Case for Geographical Indications (GIs)
India has made progress with Geographical Indications (GI) under the GI Act, 1999. Art forms like Madhubani paintings, Warli motifs, and Channapatna toys have secured GI status.But GI protection only applies when a product is clearly linked to a geographical origin. It doesn’t cover broader cultural styles or evolving oral traditions. Moreover, many communities lack resources to register or enforce these rights.Explore registered Indian GIs on the Geographical Indications Registry website.—
Defensive Measures So Far
To prevent bio-piracy and knowledge theft, India established the Traditional Knowledge Digital Library (TKDL) in 2001. It catalogs ancient medicinal knowledge to block false patent claims.Experts now recommend creating a similar database for TCEs. Such a registry could document cultural expressions and acknowledge community origins, discouraging unauthorized use.—
Demand for Sui Generis Protection
Lawmakers and scholars are pushing for a sui generis (custom) law that gives collective and perpetual rights to communities. The law would include:Community ownership and control
Licensing systems for commercial use
Protection against distortion or misuse
Moral rights for attribution
Proposed drafts like the Traditional Knowledge (Protection and Promotion) Bill have surfaced in recent years. However, none have been enacted yet.More on this from Know Law.—
Recent Examples of Cultural Appropriation
In 2023, a major fashion label used tribal designs from Odisha without credit or compensation. Similarly, Bollywood films have used folk music and dances with no benefit to the original communities.These incidents highlight how vulnerable communities are to commercial exploitation. They also fuel calls for urgent legal reform.—The Way Forward
India must strengthen its IP laws to protect its living cultural heritage. Experts recommend:1. Enacting sui generis legislation 2. Building a national TCE registry 3. Supporting community-led IP enforcement 4. Raising awareness through legal aid and education 5. Aligning with global efforts under WIPO frameworks–
Conclusion
India is rich in traditions, but poor in legal tools to protect them. Without timely action, cultural appropriation will continue unchecked. Stronger laws and grassroots empowerment are essential to safeguard the identity and dignity of indigenous communities.—
Disclaimer:
This article is a journalistic synthesis based on publicly available legal sources and policy documents. It is intended for informational purposes and does not constitute legal advice.