Perception analysis of TCE holders about ownership, possession, use, misuse and misappropriation in India

Narendran Thiruthy and Kanimozhi Thaninayagam

Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 11, 821-833

Abstract: The discussions at The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) under the World Intellectual Property Organization (WIPO) (WIPO IGC) are progressing towards formulating an international legal framework for the protection of traditional cultural expressions (TCEs). We anticipate that the successful conclusion of the 2024 Diplomatic Conference for the adoption of the WIPO Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (GRTK) Treaty will accelerate the negotiations for an instrument for TCE. Proposals before the WIPO IGC indicate the possibility of adopting an IP-based framework to protect TCEs.This article aims to analyse the intricate relationships between TCE holders and their cultural expressions by exploring the conceptual issues in TCEs through an empirical study.The study focuses on seven selected TCEs from India and examines the perspective of communities regarding various aspects of TCE, such as ownership, possession, use, misuse and misappropriation. The objective of this investigation is to gain insights that will assist in designing a legal framework that is suitable for TCEs. The article emphasizes the importance of reassessing the current trajectory of negotiations concerning TCEs and stresses the need to further explore and gain a deeper understanding of TCEs.

Date: 2024
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