Role of Traditional Weavers in Socio – Economic Development

Abstract

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.

An Overview of Legal Measures to Prevent and Protect Unreasonably the Use of Traditional Medicine in Indonesia

“…The term "intellectual" refers to activities rooted in creativity and intellect, manifesting in literary, artistic, scientific works, and inventions as intangible objects. Intellectual Property Rights (IPR) arise from creative endeavors involving human cognition, which, when shared with the broader community, add value due to their economic significance (Brahma & Subrahmanyam, 2023;Djumhana & Djubaedillah, 1997). These rights span technology, science, art, and literature.…”