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ARTICLE · 23 NOVEMBER 2020

IP Protection For Folklore: A Need?

Khurana & Khurana, Advocates and IP Attorneys
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Folklore, is an all-encompassing term for a domain of diverse cultural knowledge and practices which includes folk arts, music, dance, poetry, plays etc in an abstract form and jewelleries, tapestries, shawls, needlework and carvings showing a tangible side.

IndiaIntellectual Property

Folklore, a creative social process consists of a multitude of things such as dramatic expressions, music, literature, dance and tapestry which though not always in a tangible form, falls within the meaning of literary and artistic work of the Berne Convention. Though not always present in a tangible form, it does form an inherent part of a particular civilisation such as the tapestry of Ladakhi people, folk tales of the Himalayan Tribes, Tribal dance drama of the Santhals etc. The globalised world today has made exploitation of folklore easier without making any recompense to the concerned community. Not only is their culture marketed heavily to obtain pecuniary benefits, but it is also adapted in a restructured way which undermines the identity of a civilisation. IP protection in the form of Copyright, Related rights or local legislations not only obviate such chances of adulteration and diminution by preventing unauthorised adaptions and reproductions but will also

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