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sankar (lawyer)     06 June 2008

is there any law to recognise the Painting, dance and traditional practice of Tribals who do not have access to Patent law

Dear All

As we know india has diverse culture and population in caste, creed and calss. In the same way more than 500tribal communities are residing in india. In orissa 62tribal communities including 13 Premitive Tribal Groups are residing. They are also called as the son of soil and they prefer to remain in their original form. In this process they have their own culture, Traditional knowledge, Dance, Music and musical instrument,Painting and above all food practice and food crops. Even they have their traditional crop breeding giving effect to a geographic indicator.

the problem is that they do not have access to knowledge on intellectual property and they do not prefer to indulge in the hactic procedural apart of IPR.

We are also aware that people are getting the patents of tribal knowledge in their own without acknowledging the source of knowledge.

Is there any mechanism or law through which  the tribal knowledge can be protected by default without getting into the IPR official procedure.

 

Sankar Pani

 

 

 



Learning

 2 Replies

Manish Singh (Advocate)     06 June 2008

Dear Mr. Pani,
artistic things, viz painting, lyrics, compositions etc. come into the term Copyight and they do not need registration for their protection if the work has been published.the term Publish is not limited to make it published in news papers or books onlybut perform in public and this includes a performance in front of a person other than those who shall naturally be aat receiving end. that means if they make it performed at their village even, the song or picture get entitled for copyright and they cna take action of infringement.

Coming to new breeds which is their own traditional way, they shall be covered under Geographical Indication act and you should form a society to urge the govt. to make it registered internationally to protect the same.

Manish Singh (Advocate)     09 June 2008

if we need to help them then we can incorporate an NGO THERE to help them in all legal matters or we can hold legal camps there tospread legal awareness amongst them.


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