International Journal For Multidisciplinary Research

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A Comparative Study of The Existing Laws Governing Traditional Cultural Expressions

Author(s) Parvathy Menon, Valarmathi R
Country India
Abstract The legal frameworks governing the protection of Traditional Cultural Expressions (TCEs) are as diverse as the cultural heritage they seek to preserve. Across the world, countries have adopted a wide array of legislative approaches to safeguard TCEs, each reflecting the unique socio-cultural, historical, and legal contexts of their societies. This diversity highlights the challenge in shaping legal mechanisms that are capable of addressing the respective needs of each region and community, while balancing the demands of globalization, modernization and cultural preservation. This multiplicity of laws arises from the highly varied cultural identities of nations and communities which also results in varied approaches. However, this diversity also brings with it significant challenges. The lack of a unified or harmonized framework for TCE protection at the international level has led to fragmented efforts, with national laws varying widely in their scope, enforcement mechanisms, and alignment with international norms. While some countries rely heavily on traditional intellectual property regimes, others have introduced sui generis systems or integrated customary law frameworks to address the limitations of conventional legal models. These differences highlight the difficulty of reconciling the communal, intergenerational nature of TCEs with the predominantly individualistic and time-bound principles of intellectual property law. This comparative analysis explores the varied legal frameworks that have emerged across different jurisdictions to protect TCEs, focusing on the interplay between cultural diversity and legislative diversity. It examines how the distinct cultural and legal traditions of nations influence their approaches to safeguarding TCEs and identifies commonalities and divergences that arise from this interplay. By highlighting the cultural underpinnings of existing laws, this study underscores the need for culturally sensitive and inclusive legal solutions that not only preserve the rich tapestry of global cultural heritage but also empower the communities that serve as its custodians.
Keywords Traditional Cultural Expressions, Expressions of Folklore, Sui Generis Framework, Comparative Analysis, Cultural Heritage, Preservation
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 1, January-February 2025
Published On 2025-01-29
Cite This A Comparative Study of The Existing Laws Governing Traditional Cultural Expressions - Parvathy Menon, Valarmathi R - IJFMR Volume 7, Issue 1, January-February 2025.
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