ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE

AUTHOR – ARYAN RAJ, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – ARYAN RAJ, ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 31-36, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Folk art and traditional cultural expressions—let’s just call them TCEs for simplicity—are basically the soul of a community. I mean, this stuff isn’t just pretty pottery or catchy songs; it’s the DNA of a people. We’re talking everything from wild dances and grandma’s bedtime stories to weaving, pottery, and some mind-bending ritual symbols. All of it says, “Hey, this is who we are!” It’s not just about making art. It’s about sticking together, knowing how to live with nature, and being proud of your roots. But, man, the threats are real. Globalization is steamrolling everything, tech is changing how we live, and suddenly, you’ve got companies (and sometimes clueless tourists) swiping designs and tunes, slapping them on T-shirts, and selling them without even a nod to the folks who made them. That’s a double whammy—no money, no credit, and slowly, the culture just fades away because the next generation is too busy scrolling TikTok to learn how to weave or tell those old stories. Now, here’s the kicker: regular intellectual property laws? Pretty much useless here. They’re built for inventors and big business, not villages and oral traditions. Copyright, patents, trademarks—all that jazz—only works if you’ve got something “original,” written down, and with an expiration date. Most folk art doesn’t check those boxes. It’s a group thing, passed down, tweaked over time, and half the time, it’s not even written anywhere. So yeah, if someone steals it, good luck fighting back in court. People aren’t just sitting around, though. There’s been some creative lawyering—“sui generis” systems, for example, which just means “one of a kind.” These let communities actually own their stuff together, get protection forever, and make sure outsiders have to ask before using anything. You’ve also got Geographical Indications (think Champagne from France or Kanchipuram silk from India) and collective trademarks that make sure the real deal comes from the real place, with the real people getting paid. Big shots like WIPO and UNESCO are trying to help too, sharing advice and pushing for international rules that don’t totally suck for traditional artists. They’re like the nerdy but helpful older sibling. Look around the world—India, Africa, bits of Europe, Latin America—and you’ll see some wins. When communities take charge, document their art, teach the next generation, and set up fair ways to share the profits, things start to look up. But honestly, legal protection is just one piece. What really matters is respect—letting communities call the shots, making sure they benefit, and giving them space to keep traditions alive while letting them change, too. Bottom line: If we actually care about folk art and TCEs, we’ve got to move past cookie-cutter laws. We need flexible, respectful systems that let culture breathe, grow, and still stay connected to its roots. That way, we don’t just preserve the past—we give it a future. Keywords: Geographical Indications, Trademarks, Copyright, Patents, Intellectual Property