Title: A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India

Authors: Mohammed Abdul Fasi

Addresses: Intellectual Property Management Unit, King Fahd University of Petroleum and Minerals, Dhahran, Saudi Arabia

Abstract: Traditional knowledge and cultural expressions are neither outdated nor obsolete rather, they may be extremely evolutionary, adaptable, creative, and even innovative. Traditional knowledge is usually kept solely by indigenous communities, who have different degrees of exclusivity. Misappropriation deprives craftsmen of a source of livelihood and result in a loss of income for the indigenous community. This research paper provides an overview of the various legal framework and possibilities for protecting indigenous designs and traditional cultural expressions in Canada and India. It addresses the existing national legislations to protect the indigenous designs and scenarios during which indigenous communities' intellectual property rights were exploited by large corporations, as well as instances in which indigenous communities worked with large corporations to assist them in starting enterprises. Based on the findings the current intellectual property systems are relatively weak for safeguarding the traditional cultural expressions for indigenous communities in India and Canada.

Keywords: intellectual property; indigenous communities; indigenous designs; traditional knowledge; intellectual property laws and regulations; traditional cultural expressions; case studies; Canada; India.

DOI: 10.1504/IJIPM.2023.134070

International Journal of Intellectual Property Management, 2023 Vol.13 No.3/4, pp.446 - 471

Received: 01 Sep 2022
Accepted: 03 Feb 2023
Published online: 10 Oct 2023 *

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