Protection of Traditional Handicrafts under Indian Intellectual Property Laws

Abstract

This paper discusses protection of collective rights and individual innovations in traditional handicrafts, in view of their importance to the cultural heritage of traditional groups native to India. Further, inadequacies of the Indian intellectual property laws, specifically, the Geographical Indications of Goods (Registration and Protection) Act 1999, Designs Act 2000 and Copyright Act 1957 in protecting traditional handicrafts and rewarding individual creativity have been discussed in detail. Parallels have been drawn with the initiatives launched by China and a few other nations to protect their traditional handicrafts. Finally, a blend of Geographical Indications and ancillary rights has been suggested as a way of encouraging ingenuity in traditional arts.