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@article{209936,
        author = {Rujula A and Gowtham M},
        title = {A STUDY ON EXISTING LEGAL FRAMEWORK ON FASHION & TRADITIONAL CULTURAL EXPRESSIONS IN INDIA},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {5},
        pages = {3835-3846},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=209936},
        abstract = {This study critically examines the adequacy of the existing Intellectual Property (IP) framework in India in protecting Traditional Cultural Expressions (TCEs) within the fashion industry. India’s rich heritage of textiles, crafts, and indigenous designs has increasingly become a source of inspiration for global fashion brands. However, the absence of effective legal safeguards has resulted in widespread instances of cultural appropriation, where traditional designs are commercially exploited without recognition or compensation to the artisan communities. 
The research analyses key legislations, including the Copyright Act, 1957, the Designs Act, 2000, and the Geographical Indications of Goods Act, 1999, highlighting their structural limitations in addressing the collective and intergenerational nature of TCEs. Through case studies such as the Prada-Kolhapuri controversy and the Dior–Chanakya collaboration, the study contrasts exploitative practices with ethical models of engagement. Further, the research draws upon international frameworks, particularly the efforts of the World Intellectual Property Organization (WIPO), and comparative legal approaches to emphasize the need for reform. It identifies a significant gap between existing legal protections and the realities of traditional craft preservation. The study concludes that the current IP regime is inadequate to safeguard TCEs and advocates for the introduction of a sui generis legal framework that incorporates principles of communal ownership, prior informed consent, and equitable benefit-sharing. Such a framework is essential to ensure both cultural preservation and economic justice for artisan communities. 
This scenario is not an isolated incident of corporate overreach; it is the direct result of a massive legal void within the Indian Intellectual Property (IP) regime. The current legal framework relentlessly protects the modern, commercial fashion house while categorizing centuries-old Traditional Cultural Expressions (TCEs) as "public domain," rendering them free for the taking. This project critically examines these statutory inadequacies and argues that without a sui generis (unique) legal framework, the unauthorized commercialization of India’s folklore will continue unabated.},
        keywords = {},
        month = {October},
        }