CHALLENGES IN PROTECTING TRADITIONAL KNOWLEDGE AND INDIGENOUS CULTURAL EXPRESSIONS

AUTHOR – ARYAN RAJ SETH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARYAN RAJ SETH, CHALLENGES IN PROTECTING TRADITIONAL KNOWLEDGE AND INDIGENOUS CULTURAL EXPRESSIONS, 4 (1) OF 2025, PG. 986-992, APIS – 3920-0007 | ISSN – 2583-7230.

Protecting traditional knowledge (TK) and indigenous cultural expressions (ICE) under modern intellectual property rights (IPR) regimes presents a myriad of challenges. These challenges arise from inherent structural limitations of IPR systems, profound legal and cultural dissonances, and significant policy and enforcement hurdles. This chapter critically examines these challenges in depth, focusing on the issues surrounding novelty, fixation, individual ownership, the conflicts between statutory provisions and indigenous practices, and the practical difficulties faced in policy implementation and enforcement.