Abstract: The protection of cultural heritage has been an important aspect discussed in several international forums. Protection of traditional knowledge has also garnered much attention from a socio-legal perspective, especially within countries which boast of a high indigenous population. However, there is still a dearth of discourse about the protection of cultural heritage, specifically folklore, particularly in the context of Intellectual Property (IP). Despite the World Intellectual Property Organisation (WIPO) undertaking efforts to facilitate such discourse, little progress has been made. The author has sought to clearly distinguish between concepts of folklore and traditional knowledge, terms that are often used interchangeably, further impeding the process of specific protection. This paper seeks to identify and clarify what constitutes folklore, the issues involved in its protection and the possible suggestions which may be adopted to further this goal.


Author: Chandni Ghatak is a 5th year undergraduate law student of the National Law University, Jodhpur. The author may be contacted at chandnighatak26@gmail.com.

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