Indigenous Knowledge System and Traditional Cultural Expression: A Pathway for Protection under IP Laws beyond the Patchwork

Vol 2 No 1, 2026                                                                                              Research Article

Nipun Gupta Jain, Ph.D  

Associate Professor, Vivekananda School of Law and Legal Studies, Vivekananda Institute of Professional Studies-Technical Campus, New Delhi.

DOI: https://doi.org/10.21659/iw/v2n1/v2n115

[Article History: Received: 15 June 2026. Accepted: 04 October 2026. Published: 08 October 2026]

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Abstract

Indigenous Traditional Cultural expressions (ICEs/TCEs) are a pertinent part of the Indigenous knowledge system (IKS). This knowledge comes from the corpus of Traditional Knowledge (TK), knowledge that is either in the public domain or publicly available, of which IKS is a part. In India, the law of the land reflects several points of exchange with TK and TCEs, yet it does not articulate a comprehensive legal basis for their protection. Moreover, laws such as the Intellectual Property Law (IP Law) do not afford complete protection to TCEs and instead limit their scope to a specific part of the TK system. Frameworks like the Patent system work in cases where knowledge can be translated into prior art; Geographical Indications protect collective marks of the community; Biodiversity law addresses access and benefit sharing where knowledge is linked to biological resources; the Traditional Knowledge Digital Library (TKDL) enumerates recognition of IKS existing in India for generations. The lacunae, however, lie in the fact that these frameworks protect only discrete components of the IKS and not TCEs as a whole, where transmission, regulation of adaptations, and continuing social obligation remain unnoticed, often due to their colonial implementation. This research highlights structural weaknesses in the Indian legal system, arguing that mere recognition under the Indian Constitution and the theoretical map of IPRs are insufficient. The paper aims to guide policymakers, academicians, researchers, and students to understand, study, interpret, analyse, and lay down policy guidelines for the protection of the Indigenous knowledge system of India.

Keywords: Traditional Knowledge (TK), Indigenous Knowledge System (IKS), Indigenous Traditional Cultural Expression (ICE/TCEs), Postcolonial Legal Framework, Intellectual Property Rights (IPRs).