A Primer to Traditional Knowledge Protection in India: The Road Ahead

Chakrabarty, Shambhu Prasad; Kaur, Ravneet

doi:10.1007/s10991-021-09281-4

Cited by 13 publications

(2 citation statements)

References 31 publications

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“…Thus, to state that traditional knowledge grows and sustains in the society from one generation to other giving rise to interdependency in socioeconomic development. (Chakrabarty et al, 2021). On the other hand culture and economy are also inter -connected.…”

Section: Traditional Weaving and Culturementioning

confidence: 99%

Role of Traditional Weavers in Socio – Economic Development

Brahma,

Subrahmanyam

2023

J. of Law and Sust. Develop.

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Objective: This study analyses the role of traditional weavers towards socio – economic development by examining the market competition between traditional woven clothes and clothes produced from power loom. This paper also discusses the relationship between traditional cultural expressions with moral rights of Copyright Law. Methods: This study is based on the literature collected from secondary sources. It relies on Constitution of India, published research articles, text books, reports on international conventions, etc. The literature is analyzed by using descriptive – analytical method. Results: Intellectual Property Law is very narrow to protect traditional knowledge (TK) and traditional cultural expressions (TCE). IPR laws require the work of the people to be original and novel. Traditional weavers do not fulfill the requirement of originality and novelty because the products are result of TK and TCE passed down from many generations. A sui – generis law is felt necessary to protect the hand woven dresses made by the traditional weavers. Such sui – generis law may include positive protection and defensive protection as provided under World Intellectual Property Organization (WIPO) to help traditional weavers access share of equal benefit and restrict the third parties from obtaining rights over the products derived from TK and TCE. Customary law is also one of the potential approaches to holistically recognize the rights of traditional weavers. Suggestions: It is recommended to encourage traditional weaving for the sustainability of weaving culture. However the present generation can enhance the weaving techniques by blending it with new technologies. The marketing strategy should be learnt by traditional weavers to meet the expectation of globalised market. There should be direct communication between customers and weavers to understand the expectation of customers. This will open path to traditional weavers to develop their skills, designs, and promote their products directly in the market. To raise awareness among consumers, the hand-woven goods should be promoted. The Handloom Act of 1985 should be implemented. The state's department of handloom should frequently inform weavers about the reserved commodities. Power loom facilities should be legally registered with a statement that none of the restricted items listed under Handloom Act, 1985 will be produced. The power loom weavers should be held legally responsible if it is discovered that they are making reserved items. Copyright Law should include weaving as TCE and grant protection under moral rights.

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Section: Traditional Weaving and Culturementioning

confidence: 99%

Role of Traditional Weavers in Socio – Economic Development

Brahma,

Subrahmanyam

2023

J. of Law and Sust. Develop.

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“…In the United States, Indigenous groups can refer to Native Americans, Pacific Islanders, Native Hawaiians, and Alaskan Natives(Bird, 1999) 2. See Torkornoo (2012) for Ghana,Li (2016) for China,Agyei (2020) for African countries,Purwandoko et al (2020) for Indonesia, andChakrabarty and Kaur (2021) for India.…”

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confidence: 99%

Protecting More Than Just Books: A Curricula Study of Traditional Cultural Expression in U.S. LIS Programs

Cheng,

Ocepek,

Benson

2024

JCEL

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More and more, librarians’ day-to-day job responsibilities include working with Traditional Cultural Expressions (TCEs) and their divergent needs. Nevertheless, TCEs—and their specialized care—lack adequate attention and appropriate training in Library and Information Science (LIS) pedagogy. This indicates that LIS students may be less prepared to ethically work on TCE-related inquiries in the future. This study conducts a curricula content analysis of 35 ALA-accredited Master of Library and Information Science (MSLIS) programs to preliminarily assess the current state of TCE-related topics represented in LIS programs. Through investigating course descriptions, the research evaluates the depth and breadth to which LIS students’ coursework incorporates topics related to TCEs and their care. The synthesized findings demonstrate that only a small number of LIS programs even offer TCE-centric courses; of these, very few programs explicitly require students to take them. Failure to integrate TCEs into the core curriculum results in students being unprepared for the corresponding challenges in their prospective workplaces, especially as most TCEs are not covered by copyright law. The implication of this study could be a fruitful and rigorous invitation for LIS educators to revise their LIS curriculum to keep pace with the ever-evolving information needs that arise in contemporary library contexts for diverse populations.

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