COMPARATIVE ANALYSIS: PROTECTION OF TCES (TRADITIONAL CULTURAL EXPRESSIONS) OF USA, FRANCE, CANADA, UK, JAPAN, KENYA, PHILIPPINES, PANAMA WITH INDIA

Abstract

A common consensus which the majority would settle on “The past deserves to be preserved”, it stays in the memories of shared human experiences within these numerous indigenous communities and of individuals passed down from generation to generation and is externalized in diverse forms, expressions, traditions and rituals; one of such artistic mediums[1] is known as Traditional Cultural Expressions.[2] The key aspects for defining TCEs would include a) Presence of cultural value, which evolves overtime[3] b) Communal essence, the work cannot be attributed to only one individual, and c) dissemination through generations whether orally or through imitation. The system is a tangled web of cultural values and heritage representing a collective identity whereby the learning is transmitted from generation to generation within the same group.[4] Unfortunately, the authentic content has become a target for commercial misappropriation, whether distortion, mutilation or straight up duplication without recognition which has created waves amongst the legal fraternity and stakeholders of the heritage. Art revolutions have been heavily influenced by cultural exchanges in the past and will continue to inspire change, which is why its protection is indispensable in the current age of transmission.