IDEAS home Printed from https://ideas.repec.org/a/oup/jiplap/v19y2024i11p821-833..html
   My bibliography  Save this article

Perception analysis of TCE holders about ownership, possession, use, misuse and misappropriation in India

Author

Listed:
  • Narendran Thiruthy
  • Kanimozhi Thaninayagam

Abstract

The discussions at The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) under the World Intellectual Property Organization (WIPO) (WIPO IGC) are progressing towards formulating an international legal framework for the protection of traditional cultural expressions (TCEs). We anticipate that the successful conclusion of the 2024 Diplomatic Conference for the adoption of the WIPO Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (GRTK) Treaty will accelerate the negotiations for an instrument for TCE. Proposals before the WIPO IGC indicate the possibility of adopting an IP-based framework to protect TCEs.This article aims to analyse the intricate relationships between TCE holders and their cultural expressions by exploring the conceptual issues in TCEs through an empirical study.The study focuses on seven selected TCEs from India and examines the perspective of communities regarding various aspects of TCE, such as ownership, possession, use, misuse and misappropriation. The objective of this investigation is to gain insights that will assist in designing a legal framework that is suitable for TCEs. The article emphasizes the importance of reassessing the current trajectory of negotiations concerning TCEs and stresses the need to further explore and gain a deeper understanding of TCEs.

Suggested Citation

  • Narendran Thiruthy & Kanimozhi Thaninayagam, 2024. "Perception analysis of TCE holders about ownership, possession, use, misuse and misappropriation in India," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(11), pages 821-833.
    • Handle: RePEc:oup:jiplap:v:19:y:2024:i:11:p:821-833.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jiplp/jpae070
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jiplap:v:19:y:2024:i:11:p:821-833.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiplp .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.