Appraisal of Misappropriation of Traditional Cultural Expressions: A SMART Model Approach

Abstract

The development of humankind has its roots in the tacit knowledge that has shaped their life and well-being. This knowledge, especially in a traditional community, encompasses medicinal knowledge, agricultural and forestry, stories, arts and crafts, music, and dance forms. However, with the advent of globalisation, consumerism and technological advancement, these age-old contents have faced a grave concern of misappropriation, warranting an urgent intervention through holistic and comprehensive means. A lack of uniformity in legal measures and weaker forms of protection, such as existing Intellectual Property Rights, has resulted in cross-border misappropriation. The present study analyses a series of misappropriations to understand the different measures adopted. The study strongly suggests that the convergence of mechanisms across jurisdictions should be aligned with the principles established by international institutions such as UNESCO and WIPO. Moreover, the study proposes a SMART model while advocating a minimum order of uniformity in protecting Traditional Cultural Expressions (TCEs), especially in cases of misuse and misappropriation. The proposed
model may be utilized to advance an effective TCEs protection system.