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Protection of traditional art forms under geographical indications law: a case study of Madhubani and Sujini art forms of Bihar, India

journal contribution
posted on 2023-05-21, 07:17 authored by Akanksha Jumde, Kumar, N

  • Using case studies of two of the oldest art forms practiced in Bihar, India, this article analyses challenges relating to the implementation of the law on Geographical Indications (GIs) in India, to better protect the rights and the craft of its most important stakeholders: the artists. This article is also a critique on the application of the current Indian GI regulatory framework to its traditional handicraft sectors. The findings derived with reference to handicrafts are also relevant to the broader question of whether GIs can protect the traditional knowledge or indigenous knowledge of the stakeholders.

  • This article finds that lack of provisions related to quality control and monitoring mechanisms, discrepancies in the definition of ‘Goods’ and ‘GI’, the anomalous concept of authorized users and difficulties in the application for registration requirements, impose serious limitations.

  • We, therefore, suggest that the extant regulatory framework needs to be strengthened by adequate support by the government to help artists to promote and market their work, and establishment of adequate regulations for quality control, post-GI registration.

    • History

    Publication title

    Journal of Intellectual Property Law & Practice

    Volume

    16

    Issue

    7

    Pagination

    647-665

    ISSN

    1747-1532

    Department/School

    Faculty of Law

    Publisher

    Oxford University Press

    Place of publication

    United Kingdom

    Rights statement

    Copyright The Author(s) 2020. Published by Oxford University Press. All rights reserved.

    Repository Status

    • Restricted

    Socio-economic Objectives

    Expanding knowledge in law and legal studies

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      University Of Tasmania

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      Keywords

      geographical indicationslawtraditional handicrafts

      Licence

      In Copyright

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