Traditional Cultural Expressions: Analysis of Culinary Custom

Gupta, Akriti

Abstract

The scope of the research will be on the definition of ‘Traditional Cultural Expression’ in the national arena along with the concurrent rights of the indigenous people in relation to misappropriation of the cultural knowledge and expressions of the community which distinguishes them from the others, along with the acknowledgement of old lost exclusive recipes and traditional methods used to make them, and increase the ambit of TCE by inculcating where our country should be recognized for its contribution and some recognition globally along with commercial benefit arising out of it. The scope is limited to complex issues of traditional expression that are relevant to India and increase the ambit of old food delicacies and protect them under current laws. The protection of indigenous culture and giving them some rights along with monetary compensation for infringement of their right to protect the tradition from being copied, which leads to the welfare of the nations.

Keyword(s)

TRIPS; GI; Copyright; Customary Laws; TCE; Collective Marks; Traditional Cultural Expression; Extrinsic Test; Intrinsic Test; Prior Informed Consent

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