Author: Agrata Das, Student of LLM at Gujarat National Law University, Gandhinagar
INTRODUCTION
Traditional knowledge and traditional cultural manifestations pertain to the longstanding cultural practices that have been cultivated, safeguarded, and disseminated across generations by the indigenous or local inhabitants of a specific community. It represents significance and socio-cultural relevance within the legal framework of intellectual property rights (henceforth IPR).
North-East India has historically served as a significant repository of such traditional wisdom. One example of this knowledge is the handloom skill of Assam’s Mising Products, which has strong cultural significance within the Mising population of the state. The production of Mising products, consistently undertaken by the indigenous Mising people in the region, is a highly distinctive process that deserves attention for the preservation of this industry.
The utilisation of this knowledge without the equitable distribution of advantages to the original custodian of traditional knowledge or without their explicit consent is a topic of grave apprehension. Currently, the handloom products created by the Mising villages lack protection and regulation. Intellectual Property Rights safeguard the production of unique, inventive, and commercially valuable creations of human intellect. Thus, it is imperative to safeguard this information through the implementation of Intellectual Property Rights within the framework of the Geographical Indication (GI) regime. This study aims to comprehend the notion of traditional knowledge and the necessity of safeguarding it. Additionally, it seeks to examine the means by which Mising Handloom items might be preserved under the Geographical Indication system in India. The article also discusses the potential socio-economic advantages that the craftsperson involved in the mentioned craft can gain by being granted a GI tag.
