Rethinking Intellectual Property Protection for India’s Traditional Knowledge and Cultural Heritage: Legal Framework and Challenges

Abstract

Embodying the wisdom, customs, and artistic expressions of many communities, traditional knowledge and traditional cultural expressions are essential parts of India's rich cultural legacy. But because there aren't enough strong legal safeguards in place, these priceless assets are frequently at risk of being taken advantage of, abused, and eroded.
This study gives a general introduction to traditional knowledge (TCE) and gives an analysis of the legal framework in India for their preservation. It also looks at the efficiency of current IPR procedures and explores the effects of globalization and digital technologies on TCEs and TK. This research paper explores the complex interrelationships that exist in India between traditional knowledge, traditional cultural expressions, and intellectual property rights. With an emphasis on the function of intellectual property rights in defending and conserving indigenous heritage, this research study examines possible opportunities and problems related to the protection of traditional knowledge (TK) and traditional cultural expressions (TCEs) in India.
This study intends to suggest a strong and culturally sensitive approach to protecting India's traditional knowledge and traditional cultural manifestations through intellectual property rights (IPR) by looking at the current legal frameworks, difficulties, and worldwide developments. The research paper emphasizes how crucial it is to strike a balance between innovation and cultural heritage preservation, highlighting the necessity of stakeholder collaboration in order to ensure sustainable protection.