Folklore vis--vis intellectual property in Bengal since the seventeenth century: a study

Abstract

“Folklore is one of these three: a body of knowledge, a mode of thought, or a kind of art. These categories are not completely exclusive of each other.” When folklore juxtaposes with intellectual property, the knowledge resource that emanates is unparalleled in stature and aids in understanding the wisdom of Bengal, a land steeped in ancient history, cultural legacy, political patronage, colonial hegemony and a weary independence at the cost of being partitioned. It would be prudent to consider that political uncertainty after close to two hundred years of colonial subjugation led to a lull in the appraisal of local lore and the assemblage of credible intellectual property. Based on this premise, this chapter embarks on an in-depth study pertaining to three case studies concerning folklore and intellectual property of Kohitoor, Muslin and Rosogolla from Bengal, setting off on a journey from the pre-British Nawabs’ regime to the current democratic jurisdiction. For the first case in point, the creation of intellectual property began in 17th century Bengal under royal patronage and reached apogee in an independent India hundreds of years after its inception. The second one endured a deterioration of fortune with changing political order leading to almost extinction till conscious steps were taken for a gradual return to rightful glory. The third instance is no less than a gastronomic journey to sweet recognition of intellectual property. The intellectual property lore of Bengal in an independent India i.e. post-1947 remained dormant and forgotten until a revival of traditional forms of knowledge, livelihood, and cultural expressions led to the resurgence of intellectual property which will be demonstrated vide case studies.