Abstract

AbstractRecently, the protection of expressions of folklore has been a concern in developing countries. In India, efforts have been made to protect expressions of folklore which usually involve Intellectual Property (IP) laws. However, the protection provided by IP laws may be inadequate for Naga communities. The paper attempts to analyse the limitations of IP laws of patents, copyrights, trademarks and GeographicalIndications (GI) for the protection of expression of Naga folklore. The finding shows that current IP laws in India do not fully protect the Naga folklore. This paper suggests that expressions of folklore need to look at alternative regimes. The paper further discusses the need for a sui generis legislation of an IP nature by presenting the example of sui generis legislation. As an overall outcome, it is concluded that a sui generis legislation of an IP nature would be able to protect the expression of Naga folklore.

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