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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

Jumde, A and Kumar, N 2021 , '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, vol. 16, no. 7 , pp. 647-665 , doi: 10.1093/jiplp/jpaa161.

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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 Type: Article
Authors/Creators:Jumde, A and Kumar, N
Keywords: geographical indications, law, traditional handicrafts
Journal or Publication Title: Journal of Intellectual Property Law & Practice
Publisher: Oxford University Press
ISSN: 1747-1532
DOI / ID Number: 10.1093/jiplp/jpaa161
Copyright Information:

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

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