Recognizing the Socio-legal Hurdles and Formulating Actionable Insights for Protection of Traditional Cultural Heritage through Copyright Law in India

Abstract

India is a member to WIPO (World Intellectual Property Organization). As a WIPO member, India has participated in negotiations at WIPO over years and Indian delegates have robustly contributed in such rounds to shape intellectual property rights for developing nations over decades. It is interesting here to note that the WIPO and its “Intergovernmental Committee (IGC) on IP and Genetic Resources, Traditional Knowledge and Folklore” has been working over decades and trying to develop uniform international binging legal instruments for protection of traditional knowledge and traditional cultural expressions as intangible assets. India also has dynamic intellectual property laws in fulfillment of its international obligations, but there is no law in India that explicitly talks about protection of Indian traditional cultural heritage. Cultural economy can help India to become a global power due to its diversity in customs, rituals, languages, practices including traditional attire, dance, music and songs, local cuisine, etc. It is through this prism that this paper will locate the socio-legal issues relating to protection of traditional cultural heritage and suggest through draft provisions how Copyright Act in India may be amended to accommodate traditional cultural expressions.