Volume 1 Issue 2

Volume 1 Issue 2

Susceptibility of Indigenous tribes & Development of expressions of Folklore

By Aqueen Ekka and Priyanka Jena,
Student , Symbiosis Law School , Pune

Abstract

Traditional cultural expression, can also be referred to as ‘expressions of folklore’ is defined as diversity within cultural expression, embracing traditional dances, songs, music, handicraft, ritual and other artistic expressions. India possesses an ancient legacy of extremely rich and diverse culture; the indigenous tribes comprising approximately 15% of the total population. Therefore, it is crucial to safeguard India’s rich heritage and imbibe stricter laws for protecting its traditional cultural expressions. The aim and objective of this paper is to illuminate the legislation which addresses the unidentifiable case of IP infringement faced by vulnerable classes and determining the efficacy of these legislations and worldwide implementation.

 In furtherance to this, the paper provides suggestions for strengthening and safeguarding the existing laws, by analyzing secondary data. On various occasions the legislators are unable to foresee the obstacles that hinder the end result. Even in the presence of these unfettered and wide sets of legislations, exploitation of IP is quite prevalent in this segment, which includes exploitation of traditional cultural expression for commercial purposes and similar exploitation in national and international market value. The second half of the paper is devoted towards analyzing the core reasons which revolve around the failure to implement these laws by comparing them to the provisions of other countries.

Recommended Citations :

OSCOLA

Priyanka Jena and Aqueen Ekka, ‘Susceptibility of Indigenous tribes & Development of expressions of Folklore’, [2021] 2 IJBLS
https://intbusinesslaw.com/susceptibility-of-indigenous-tribes-development-of-expressions-of-folklore/

Bluebook 19th Ed.

Priyanka Jena and Aqueen Ekka, Susceptibility of Indigenous tribes & Development of expressions of Folklore, 1 IJBLS 2, 1-18 (2021).