This article has been written by Ms. Ritika khatter , L.L.B 3RD semester student ( LLB 3rd year program )
Abstract
Protecting traditional and cultural designs in India involves various measures like copyright, trademarks, and geographical indications. Government initiatives and legal frameworks like the Geographical Indications of Goods Act help safeguard these designs, preserving the cultural heritage and economic value associated with them. Additionally, supporting artisans, creating awareness, and promoting ethical consumption can contribute to their preservation.
Introduction
Indian culture is the heritage of social norms and technologies that originated in or are associated with the eth no-linguistically diverse India. The term also applies beyond India to countries and cultures whose histories are strongly connected to India by immigration, collocation, or influence, particularly in South Asia and Southeast Asia. India’s languages, religions, dance, music, architecture, food and customs differ from place to place within the country.
Culture has two types: (i) material, and (ii) non-material. The first includes technologies,
instruments, material goods, consumer goods, household design and architecture, modes of
production, trade, commerce, welfare and other social activities. The latter includes norms, values, beliefs, myths, legends, literature, ritual, art forms and other intellectual-literary activities. The
material and non-material aspects of any culture are usually interdependent on each other.
Sometimes, however, material culture may change quickly but the non-material may take longer time to change. According to Ideologists, Indian culture stands not only for a traditional social code but also for a spiritual foundation of life.
Protection of Traditional Knowledge a utilizing intellectual property techniques
Two protective paradigms have been used to safeguard traditional knowledge:
The first protective paradigm attempts to prevent others from exploiting traditional knowledge or acquiring intellectual property rights over it. In order to combat alleged abuses such as bio piracy, several communities have built traditional knowledge databases to document their traditional knowledge as prior art. Different communities have their own traditional or customary laws governing the use of traditional knowledge, which may differ significantly from their national or international system of intellectual property rights. This information may breach these customs.
The second protective paradigm (commonly referred to as “positive protection”) aims to achieve legal protection for traditional knowledge. This is accomplished by utilizing either the current laws or legislative procedures to enact new laws of their own kind and its Reason.
Importance and Challenges
The importance of protecting traditional and cultural designs in India is multifaceted, rooted in heritage, economics, identity, and sustainability.
### Importance:
- *Preservation of Heritage:* Traditional designs embody centuries-old cultural, religious, and regional legacies, representing the unique identity of communities across India.
- *Economic Significance:* Artisans and craftsmen rely on these designs for livelihoods. Preservation ensures their economic sustenance, contributing to rural and local economies.
- *Cultural Identity:* Traditional designs are a source of pride and identity, connecting individuals and communities to their roots and fostering a sense of belonging.
- *Artistic and Aesthetic Value:* These designs showcase India’s artistic diversity and mastery, serving as inspiration for contemporary art and design globally.
### Challenges:
- *Exploitation and Commercialization:* Globalization has led to the codification of traditional designs, often without due credit or benefit to the artisans who create them.
- *Loss of Authenticity:* Mass production and imitation dilute the authenticity of traditional designs, undermining their cultural significance.
- *Lack of Legal Protection:* Insufficient legal frameworks and enforcement mechanisms leave traditional designs vulnerable to exploitation and misappropriation.
- *Erosion of Craftsmanship:* The shift towards modernization and technology risks the loss of traditional craftsmanship, passed down through generations.
- *Microeconomics Pressures:* Artisans face microeconomics challenges, including poverty, lack of access to markets, and declining interest among younger generations in pursuing traditional crafts.
- *Global Competition:* Traditional designs face stiff competition from mass-produced, cheaper alternatives in both domestic and international markets.
Addressing these challenges is crucial to ensure the continued preservation and thriving of India’s traditional and cultural designs, safeguarding their significance, heritage, and economic value for future generations.
Legal Framework for Protection
In India, the legal framework for protecting traditional and cultural designs encompasses several key mechanisms:
### Copyright Laws:
– *Copyright Act:* Protects original artistic works, including traditional designs, from unauthorized reproduction, distribution, or adaptation without permission.
### Geographical Indications (GI):
– *Geographical Indications of Goods (Registration and Protection) Act:* Recognizes goods originating from specific regions possessing unique qualities due to their geographical origin. This protects traditional designs associated with specific regions from unauthorized use.
### Traditional Knowledge Digital Library (TKDL):
– *Traditional Knowledge Digital Library:* Documents and digitizes traditional knowledge, including designs and medicinal practices, to prevent their exploitation or patenting by others.
### Traditional Cultural Expression (TCE) Protection:
– *Draft Traditional Knowledge Systems Bill:* Aimed at protecting traditional cultural expressions, including designs, by recognizing and safeguarding the intellectual property rights of communities.
### Moral Rights and Folklore Protection:
– *Moral Rights:* Protects the rights of creators, including artisans, to be recognized as the creators of their works and to object to any distortion, mutilation, or modification of their designs.
– *Folklore Protection:* Various initiatives and discussions aiming to protect folklore and traditional cultural expressions from unauthorized use and exploitation.
These legal frameworks provide varying degrees of protection for traditional designs in India, aiming to safeguard the intellectual property rights of artisans, protect cultural heritage, and prevent unauthorized commercial exploitation. However, the effectiveness of implementation and enforcement remains a challenge, requiring continuous improvement and strengthening of these laws and their enforcement mechanisms.
Roles of Intellectual Property Rights in Protection of Traditional Knowledge
Intellectual property rights are intended to protect research and development (R&D) investment and to promote creativity by providing discoverer with motivation. But the way IPR are being interpreted and created, placed emphasis on changing the willingness of others to participate. Through the intellectual property rights, private corporations exploit conventional knowledge and reap income from our natural wealth. Rural farmers and tribal people are made deprived of their natural resources and related skills due to bio piracy. As bio-pirating businesses placed high prices on these goods, conventional knowledge-based goods are too expensive for them. Bio-piracy leads to numerous disputes concerning the security of indigenous people’s rights, sustainability of local flora and fauna and the global climate, and even the ability of the country to provide food security.
TRIPS agreement of the World Trade Organization (WTO) stresses patent rights, but the rights of traditional information holders are ignored. If it is possible to interpret and improve IPR in an authentic and justified way, they can be used as a tool for TK security. There are still some fundamental points that can be used in either way, i.e. as a constructive security and/or defensive measure to preserve conventional information, despite many shortcomings in the new IPR regime. In order to protect the rights of indigenous peoples, their biological resources and related information, national IPR legislation and international conventions should be taken forward.
Conclusion :-
“After analyzing the various aspects of TK, it is found that, while on one hand TK is the cultural backbone of any country; it is also a valuable resource that needs to be harnessed to bring about economic prosperity. However, it is important that the delicate balance between protecting the rights of the indigenous communities,and the benefits arising out of the commercialization of developments over such TK, not be disturbed in order to make socioeconomic harmony.
In India, where enough measures have been taken towards protection of TK; the vast growing needs of the people of India and the limited investment opportunities have turned TK into a dormant gold mine that is just waiting to be harnessed.
References :-
- Geographical Indications of Goods Act 1999
- Copyright Act 1957
- Crafts Council of India (CCI)
- National portal of India https://www.india.gov.in/spotlight/ek-bharat-shreshtha-bharat
- E- Journal of Academic Innovation and Research in Intellectual Property Assets ( E- JAIRIPA)
https://in.docworkspace.com/d/sII-GhvziAc-63KoG
- Protection of Traditional Expressions and Cultural Knowledge in India