eCite Digital Repository

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

Citation

Jumde, A and Kumar, N, Protection of traditional art forms under geographical indications law: a case study of Madhubani and Sujini art forms of Bihar, India, Journal of Intellectual Property Law & Practice, 16, (7) pp. 647-665. ISSN 1747-1532 (2022) [Refereed Article]

Copyright Statement

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

DOI: doi:10.1093/jiplp/jpaa161

Abstract

  • 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.

    • Item Details

    Item Type:Refereed Article
    Keywords:geographical indications, law, traditional handicrafts
    Research Division:Law and Legal Studies
    Research Group:Private law and civil obligations
    Research Field:Intellectual property law
    Objective Division:Expanding Knowledge
    Objective Group:Expanding knowledge
    Objective Field:Expanding knowledge in law and legal studies
    UTAS Author:Jumde, A (Dr Akanksha Jumde)
    ID Code:149831
    Year Published:2022 (online first 2021)
    Deposited By:Law
    Deposited On:2022-04-14
    Last Modified:2022-05-23
    Downloads:0

    Repository Staff Only: item control page