Intricacies of Traditional Knowledge and Indigenous Rights

Paper Details 

Paper Code: RP-VBCL-11-2025

Category: Research Paper

Date of Publication: April 20, 2025

Citation: Ms. Bhagyamma G., “Intricacies of Traditional Knowledge and Indigenous Rights", 2, AIJVBCL, 153, 153-164 (2025).

Author Details: Ms. Bhagyamma G., Assistant Professor at VidyaVikas Institute of Legal Studies, Mysore, Karnataka.

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ABSTRACT

Traditional knowledge is a body of knowledge, skills, practices, and innovations that are passed down through generations within a community. This paper explores how indigenous and tribal populations' ecological knowledge, cultural practices, and beliefs help biodiversity conservation and sustainable living, as well as the relationship of Intellectual property between traditional knowledge and indigenous rights. The article also highlights the ongoing challenges faced by indigenous peoples in protecting their intellectual property and cultural heritage from exploitation, misrepresentation, and appropriation. By looking at international legal frameworks like the United Nations Declaration on the Rights of Indigenous Peoples and case studies of indigenous resistance movements, the article makes the case for stronger legal protections and policies that respect and uphold indigenous peoples' rights to self-determination and the preservation of their ancestral knowledge. It entails providing an overview of the main concerns and emphasising the legislative clauses that support the preservation of indigenous knowledge systems. emphasise the necessity of developing legislative frameworks that balance the interests of businesses, academic institutions, and indigenous peoples themselves while upholding indigenous rights. Emphasise the need of giving indigenous peoples' rights to manage, preserve, and profit from their traditional knowledge more attention.

Keywords: Traditional Knowledge, Indigenous and tribal people’s Rights, Intellectual property Rights, Sustainable living, and legal framework.

INTRODUCTION

Traditional knowledge is a body of knowledge, skills, practices, and innovations that are passed down through generations within a community.[1] It is often part of the cultural or spiritual identity of the community.[2] Traditional knowledge refers to knowledge acquired over time by people in an indigenous society,[3] in one or more cultures, based on experience and adjustment to a local culture and climate, and continuously predisposed by each generation's developments and practices”.Traditional knowledge can include: 

a)      Knowledge about the medicinal properties of plants and animals 

b)      Hunting or fishing techniques 

c)      Stories, songs, dances, art, designs, and crafts 

d)     Cultural values, beliefs, rituals, and community laws 

e)      Local language and agricultural practices 

f)       Traditional knowledge is often practiced orally, but can also be performed through singing, dancing, painting, carving, and chanting. It is developed over time and adapted to local culture and environments.[4] 

Indigenous communities consider themselves the guardians and owners of traditional knowledge. Traditional knowledge is often collectively owned. If traditional knowledge is seen as a good in which a person invests once, that is to say that the knowledge is acquired for a sum or specific compensation and this cannot be renegotiated later nor used by its original owner, then it would be a good subject to loss. However, this is precisely the position that must not be permitted,[5] moreover traditional knowledge ought to be interpreted as a good that can be protected if a property right in it remains with the original owner, even though the knowledge can be transferred on the basis of legally acceptable negotiations. This knowledge will be giving fruits and benefits continually if, through it, some commercial product is discovered. It discusses how traditional knowledge is being recognised as a valuable instrument in conversationsabout climate change, environmental sustainability, and resource management.Indigenous rights refer to the collective rights of indigenous people to maintain their distinct cultures, languages, traditions, and self-determined development. These rights often intersect with the protection of traditional knowledge. International laws that protect and recognize the rights of indigenous peoples.[6]

UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLE (UNDRIP) AND INTELLECTUAL PROPERTY RIGHTS (IPR).

In addition to the widely accepted idea that all states have a responsibility to ‘Rights of Indigenous People’,'[7] the UNDRand IPR is the most comprehensive international human rights document to specifically address the rights of indigenous peoples, including their economic, social, cultural, civil, political, spiritual, and environmental rights.[8]The UNDRIP-IPR  is a unique tool that establishes new universal legal standards for the protection of indigenous peoples' rights because of the wide range of rights and freedoms it covers, including, but not limited to, the right to self-determination, the right to their traditional lands and natural resources, the right to their traditional way of life and political institutions, the right to their identity, the right to preserve and uphold their cultural heritage, the freedom from forcible relocation, the right to establish and control their educational systems, and the right to take part in decision-making bodies. The African Commission on Human and Peoples' Rights, in a similar spirit, praised the UN Declaration's adoption at its 42nd session, declares that "a giant step has been taken towards securing the survival of indigenous peoples and their unique cultures based on their own needs and visions."3 United Nations Declaration on the Rights of Indigenous Peoples Adopted by General Assembly Resolution 61/295 on 13 September 2007.[9]

The General Assembly, acting in good faith and in conformity with the goals and tenets of the United Nations Charter and the commitments made by States under the Charter, While acknowledging that every people has the right to be unique, to think of themselves as unique, and to be treated as such, indigenous peoples are affirmed to be on an equal footing with all other peoples.[10]

Additionally, affirming that all peoples contribute to the richness and diversity of civilizations and cultures that make up humanity's shared history, Confirming further that all beliefs, policies, and practices that promote the superiority of peoples or individuals based on national origin or racial, religious, ethnic, or cultural differences are racist, incorrect from a scientific standpoint, illegal, immoral, and unfair to society, Reiterating that indigenous peoples should not face any form of prejudice when exercising their rights, Aware that among other things, colonization and the loss of their lands, territories, and resources have resulted in historical injustices against indigenous peoples, preventing them from exercising their right to development in line with their own needs and interests .[11]

ADVISORY OPINION OF THE AFRICAN COMMISSION 11

 Recognizing the pressing need to uphold and advance indigenous peoples' inherent rights, which stem from their political, economic, and social structures as well as from their histories, philosophies, cultures, and spiritual traditions, particularly their rights to their lands, territories, and resources, Acknowledging the pressing necessity of upholding and advancing the rights of indigenous peoples as guaranteed by treaties, agreements, and other beneficial relationship Intellectual property with states, Appreciating that indigenous peoples are banding together to improve their political, economic, social, and cultural circumstances as well as to eradicate all types of injustice and prejudice wherever they exist. Believing that indigenous peoples will be able to preserve and build their institutions, customs, and traditions and advance their development in line with their needs and goals if they have control over developments that impact them and their lands, [12]territories, and resources, Understanding that fair and sustainable development as well as appropriate environmental management are facilitated by respect for indigenous knowledge, cultures, and customs, Stressing the benefits of demilitarising indigenous peoples' lands and territories for international peace, economic and social advancement, and goodwill and understanding between nations and peoples, Acknowledging specifically the right of indigenous families and communities to continue sharing accountability for their children's upbringing, education, training, and general well-being in accordance with the child's rights, Given that certain circumstances, matters of international concern, interest, responsibility, and character are affirmed in treaties, agreements, and other constructive arrangements between States and indigenous peoples, as stated in the 12 United Nations Declaration on the Rights of Indigenous Peoples, Additionally, taking into account that a stronger collaboration between indigenous peoples and states is based on treaties, accords, and other beneficial arrangements and the relationship Intellectual property they reflect, Recognizing that the fundamental significance of every people's right to self-determination, which allows them to freely choose their political status and pursue their economic, social, and cultural development, is affirmed by the United Nations Charter, the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, and the Vienna Declaration and Programme of Action, Considering that this Declaration in no way precludes any people from exercising their right to self-determination in accordance with international law, Believing that the State and indigenous peoples would have more cordial and cooperative relations based on the values of justice, democracy, respect for human rights, nondiscrimination, and good faith as a result of the Declaration's recognition of their rights, Promoting States' adherence to and efficient execution of all their duties under international agreements, particularly those pertaining to human rights, as they pertain to indigenous peoples, in consultation and collaboration with the relevant peoples, Stressing that the UN has a significant and ongoing responsibility to play in advancing and defending indigenous peoples' rights  Thinking that this Declaration represents a significant advancement in the creation of pertinent United Nations system initiatives in this area as well as in the acknowledgement, advancement, and defense of the rights and liberties of indigenous peoples, Refer to resolution 2200 A (XXI), chapter III of annexed 4 A/CONF.157/24 (Part I). The African Commission's advisory opinion 13 Recognizing and restating that indigenous peoples have collective rights that are essential to their existence, well-being, and full development as a people, and that indigenous persons have the right, without discrimination, to all human rights recognised by international law. [13]

The United Nations Declaration on the Rights of Indigenous Peoples is solemnly proclaimed as a standard of achievement to be pursued in a spirit of partnership Intellectual property and mutual respect,  acknowledging that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities as well as various historical and cultural backgrounds should be taken into consideration. Like everyone else, indigenous and tribal peoples are entitled to all basic freedoms and human rights. This covers fundamental rights like equality and liberty as well as rights to education, health care, and other things. Both men and women are affected by this.From article 1 to 46 of united nations declaration on the rights of indigenous peopleshave the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. UNDR and IP is a historic international document that outlines the rights of indigenous peoples around the world, both individually and collectively.[14] It is a crucial guideline for governments and organisations to acknowledge and uphold the rights of indigenous peoples, even though it is not legally obligatory.

It is the responsibility of governments to uphold and advance the rights of the native and tribal populations in their nations.[15] Additionally, they are ultimately in charge of ensuring that the Convention is fully implemented. Governments can accomplish this by designating particular entities to serve as focal points for issues pertaining to indigenous and tribal peoples. It's also critical that these agencies receive the resources they need in order to perform their duties efficiently. Numerous governmental organisations and agencies in certain nations work with indigenous and tribal peoples.[16] Confusion and duplication may result from this. Agencies should coordinate their cooperation to prevent misunderstandings. The easiest way to guarantee coordinated action is frequently through a government office that has a comprehensive overview of all projects and programs involving indigenous and tribal peoples.

It is the responsibility of governments to uphold and advance the rights of the native and tribal populations in their nations. Additionally, they are ultimately in charge of ensuring that the Convention is fully implemented. Governments can accomplish this by designating particular entities to serve as focal points for issues pertaining to indigenous and tribal peoples. It's also critical that these agencies receive the resources they need in order to perform their duties efficiently. Numerous governmental organisations and agencies in certain nations work with indigenous and tribal peoples. Confusion and duplication may result from this. Agencies should coordinate their cooperation to prevent misunderstandings. The easiest way to guarantee coordinated action is frequently through a government office that has a comprehensive overview of all projects and programs involving indigenous and tribal peoples.

The Indian Constitution aims to safeguard tribal interests, particularly their land rights and autonomy. The Indian Constitution's Schedules 5 and 62 It offers a thorough plan with guidelines to safeguard the rights of indigenous tribes over their territory and shield them from exploitation.[17] According to Article 342 (1&2) of the Indian Constitution, the majority of India's indigenous people are collectively referred to as Scheduled Tribes. and have the IndianConstitution's guarantee of self-determination.[18](The Indian Constitution, Part X).[19]A large number of Indian Scheduled Tribes rely directly on forests for their livelihood. With the passage of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act in 2006 (Forest Rights Act),the Indian government finally formalized the fundamental rights of forest-dwelling tribes after years of hardship Intellectual property, prejudice, and suffering. 

In India, the Scheduled Tribes have been one of the most disadvantaged and neglected groups. This new law grants Scheduled Tribes in India a number of rights to preserve and safeguard their land rights.[20]

CHALLENGES FACED BY INDIGENOUS COMMUNITIES

When it comes to safeguarding and conserving their traditional knowledge and cultural heritage, indigenous tribes face numerous obstacles. These difficulties are frequently brought on by systematic injustices, historical injustices, and the difficulties of incorporating customs intocontemporary legal frameworks. One major obstacle is the problem of bio-piracy, in which outside parties use indigenous knowledge for profit without getting permission or paying the original people fairly. Patenting traditional medicines, plants, or genetic resources that indigenous peoples have used for generations is a common kind of bio-piracy. Indigenous groups' rights to manage their intellectual and cultural property are threatened by the absence of legal safeguards against such exploitation. The absence of legal recognition and protection for indigenous groups' traditional knowledge under current intellectual property systems is another issue they face. Because they are not covered by traditional intellectual property rules, many indigenous customs, oral traditions, and cultural manifestations are vulnerable to infringement or appropriation by outside parties. It is particularly difficult to enforce ownership Intellectual property rights and safeguard against unauthorized use or appropriation when oral traditions are not formally documented or recognized.

The difficulties that indigenous people confront in preserving their traditional knowledge and cultural history are made worse by socioeconomic circumstances like poverty, marginalization, and restricted access to legal resources. Many indigenous communities lack the institutional backing, financial resources,[21] and technical know-how necessary to effectively campaign for their rights[22].

Case Laws and Landmark Judgments

Turmeric case: [23]

In the instance of turmeric, innovators asserted that they had found a way to use turmeric topically or orally to treat wounds. The Council of Scientific & Industrial Research (CSIR) challenged the patent, claiming that turmeric was not innovative because it was widely used in Indian homes. As a result of the patent's lack of creative step, novelty, and obviousness, the USPTO sided with CSIR and annulled it.

They determined that turmeric paste and powder were equal and satisfied the requirements for someone with ordinary skill in the art. The goal of this historic ruling was to encourage the proactive avoidance of patents on traditional and cultural knowledge.

Neem case:[24]

The US Department of Agriculture and W.R. Grace submitted a patent for a neem oil-based fungus control technology, which sparked the neem tree dispute. Indian activists and groups such as the European Green Party, the International Federation of Organic Agriculture Movements (IFOAM), and the Research Foundation for Science, Technology, and Ecology (RFSTE) protested this patent, arguing that neem's applications had been recognized for millennia in India. The European Patent Office withdrew the patent in 2005, notwithstanding the initial grant, underscoring the traditional knowledge around neem. To preserve its traditional knowledge, India created the Traditional Knowledge Digital Library (TKDL) in response. The conflict highlights the conflict over intellectual property rights and biodiversity benefit-sharing between poor nations and big corporations. Developing countries want their traditional wisdom to be treated fairly and acknowledged.

The Basmati Rice  case [25]

When the USPTO awarded Ricetec Inc. a patent for a novel strain of Basmati rice, the Basmati Rice controversy began. India contested the patent, raising concerns about Basmati's uniqueness and place of origin. In order to protect the traditional farmer-bred varieties, India passed the Geographical Indications of Goods Act as a result of the debate.[26] The Traditional Knowledge Digital Library in India rejects patent applications based on traditional knowledge in an effort to stop bio piracy. In order to stop future infractions, the Basmati case emphasizes the necessity of legal awareness and preservation of geographical indications.

Intellectual property Tools and Traditional Knowledge

Understanding how intellectual property mechanisms intersect with traditional knowledge is crucial for safeguarding indigenous rights and preserving cultural diversity. [27]These mechanisms preserve cultural heritage and ensure fair recognition and benefit sharing for traditional communities.

Patents

Traditional knowledge has been a topic of discussion about patents, which give inventors the sole right to use their creations. Patents promote innovation, but they can also make it easier for outside parties to steal traditional expertise. Section 3 of the Patents Act, 19701, which acknowledges prior art derived from traditional knowledge and prohibits the granting of patents for currently used traditional procedures, remedies, or traditionally known components, is one provision that attempts to solve this issue. [28]

The Indian government established the Traditional Knowledge Digital Library(TKDL), which is a library of traditional knowledge in formats that are available to patent examiners around the globe. It aims to prevent the granting of patents on customary knowledge that is already in the public domain by providing evidence of prior art.[29]

Copyright

Original works of literature,[30] art, drama, and music are protected by copyright laws.[31] Folklore, traditional music, and artistic expressions are becoming recognized and protected under copyright rules,[32] even though they do not always fit within typical copyright frameworks.

Trade Secrets

Confidential information that gives a competitive edge is protected by trade secrets. In order to preserve control over their cultural legacy, indigenous tribes frequently protect their traditional knowledge as trade secrets.[33]

Trademarks

Unique indicators that are used to identify products or services in the marketplace are protected by trademarks.[34] Trademarks can be used by indigenous tribes to safeguard traditional goods and stop unauthorized usage or copying. Collective marks can also provide protection for artisanal and culturally developed goods.[35]

Geographical Indications and Traditional Knowledge

 Geographical indications (GIs) identify goods that come from a particular region and have characteristics or a reputation unique to that region. GIs are essential to the preservation of traditional goods and the advancement of indigenous communities' economic prospects.[36]

The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001

This legislation aims to protect plant varieties, including those developed through traditional agricultural practices, and safeguard the rights of farmers who conserve and sustainably utilize plant genetic resources.[37]

Industrial Designs

 The aesthetic qualities of conventional products, such clothing and furnishings, are preserved by industrial designs.[38]

Biological Diversity Act, 2002

The Biological Diversity Act aims to preserve biological diversity, guarantee a fair distribution of advantages resulting from the utilization of biological resources,[39] and safeguard customs related to biodiversity.[40]

CONCLUSION

Indigenous rights and the complexities of TK are closely related and essential to the survival of indigenous cultures, biodiversity, and ecosystems. Indigenous people passed down through the years, traditional knowledge provides special insights into cultural behaviors that have evolved over millennia, sustainable practices, and beneficialremedies. However, without sufficient acknowledgment or respect for the intellectual property and sovereignty of indigenous communities, these priceless contributions have frequently been ignored or misused. In order to guarantee that their views are heard and their ways of life are respected, it is imperative that indigenous rights be protected, especially the rights to their lands, traditional knowledge, and self-determination.

The UN Declaration on the Rights of Indigenous Peoples and other legal frameworks and international agreements provide as a basis for promoting these rights; nonetheless, ongoing action is required to close knowledge and enforcement gaps. In the end, preserving indigenous knowledge and rights is not just a question of justice but also an essential first step in creating a more just and sustainable future for everybody. Fostering global resilience and supporting biodiversity conservation require acknowledging and empowering indigenous peoples as guardians of their resources and knowledge.

* Assistant Professor at VidyaVikas Institute of Legal Studies, Mysore, Karnataka.

[1]CIPRI, ‘Traditional Knowledge - a Cultural Intellectual Property’ (Cultural IP Rights, 6 August 2020) <https://www.culturalintellectualproperty.com/post/traditional-knowledge-a-cultural-intellectual-property> accessed 10 February 2025; ‘Traditional Knowledge in India: A Rich Tapestry of Heritage’ (IPLF, 9 November 2024) <https://www.ipandlegalfilings.com/traditional-knowledge-in-india-a-rich-tapestry-of-heritage/> accessed 10 February 2025.

[2]‘Traditional Knowledge and Bio-Piracy in India – SPRF’ <https://sprf.in/traditional-knowledge-and-bio-piracy-in-india/> accessed 10 February 2025.

[3]M Suresh Benjamin and Sayed Qudrat Hashimy, ‘The Fourth World Tussle for Recognition of Rights under International Law: A Cursory Glance’ (2023) X 88.

[4]Habibullah Ibrahimy and others, ‘Role of Self-Help Groups in Socio-Economic Development of Women in Yaraganahalli Panchayat, Mysore’ (2023) 1 Journal on Vulnerable Community Development 29.

[5]‘MISAPPROPRIATION OF TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS – The Brand Protection Professional’ <https://bpp.msu.edu/magazine/misappropriation-traditional-knowledge-cutltural-expressions-december2022/> accessed 10 February 2025.

[6]Violeta Orlovic Lovren, ‘Traditional and Indigenous Knowledge: Bridging Past and Future Sustainable Development’ in Walter Leal Filho and others (eds), Life on Land (Springer International Publishing 2019) <https://doi.org/10.1007/978-3-319-71065-5_96-1> accessed 10 February 2025.

[7]M Suresh Benjamin and Sayed Qudrat Hashimy, ‘The Fourth World Tussle for Recognition of Rights under International Law: A Cursory Glance’ (2022) 10 Karnataka State Law University Journal 88.

[8]Jacqueline Paul, ‘Traditional Knowledge Protection and Digitization: A Critical Decolonial Discourse Analysis’ (2023) 36 International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 2133.

[9]Mauro Barelli, ‘The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights’ (Social Science Research Network, 17 January 2014) <https://papers.ssrn.com/abstract=2380581> accessed 10 February 2025.

[10]Olgah Lerato Malapane, Nelson Chanza and Walter Musakwa, ‘Transmission of Indigenous Knowledge Systems under Changing Landscapes within the Vhavenda Community, South Africa’ (2024) 161 Environmental Science & Policy 103861.

[11]Barelli (n 9).

[12]Malapane, Chanza and Musakwa (n 10).

[13]Paul (n 8).

[14]Hans Morten Haugen, ‘The UN Declaration on Peasants’ Rights (UNDROP): Is Article 19 on Seed Rights Adequately Balancing Intellectual Property Rights and the Right to Food?’ (2020) 23 The Journal of World Intellectual Property 288.

[15]Sayed Qudrat Hashimy, ‘The Fourth World Approaches to International Law: A Cursory Glance’ (2023) 6 International Journal of Law Management & Humanities 3297.

[16]ibid.

[17]‘Part V Archives - Constitution of India’ <https://www.constitutionofindia.net/parts/part-v/> accessed 10 February 2025.

[18]‘Article 342: Scheduled Tribes - Constitution of India’ <https://www.constitutionofindia.net/articles/article-342-scheduled-tribes-2/> accessed 10 February 2025.

[19]‘Full Article: Emerging Issues in Indigenous Rights: Transformative Effects of the Recognition of Indigenous Peoples’ <https://www.tandfonline.com/doi/full/10.1080/13642987.2011.574616?casa_token=z-X3YLVdMe4AAAAA%3AJdeRiTWNo3n7ajtfuKk8uP8gtq4sXuWGaIPtNnanmg1e1gSI1sEkLUHi7gpF3-RynOMZnUFaRVk> accessed 7 November 2024.

[20]‘Rights of Tribals and Indigenous Persons in India’ (Nyaaya) <https://nyaaya.org/guest-blog/rights-of-tribals-and-indigenous-persons-in-india/> accessed 8 November 2024.

[21]Sayed Qudrat Hashimy and Habibullah Ibrahimy, ‘Role of Self-Help Groups through Micro-Finance for Poverty Alleviation’ (2023) 1 Journal of Governance and Policy Review 27.

[22]‘Protecting Traditional Knowledge and Intellectual Property’ (26 April 2024) <https://depenning.com/blog/ip-and-indigenous-communities-protecting-traditional-knowledge-and-cultural-heritage/> accessed 18 November 2024.

[23]ibid.

[24]ibid.

[25]ibid.

[26]Mojdeh Jamali Hessari and TR Maruthi, ‘India’s Pursuit Soft Diplomacy of Intellectual Property Protection for Yoga, Herbal Medicines, and Traditional Knowledge at the WTO’ (2024) 6 International Journal of Law Management and Humanities 2733.

[27]‘Protecting Traditional Knowledge and Intellectual Property’ (n 22).

[28]Ishwara P Bhat, ‘The Role of Collective Bodies in Protection of Intellectual Property Rights in India’ (2009) 14 Journal of Intellectual Property Rights 214.

[29]ibid.

[30]Sayed Qudrat Hashimy, ‘The Doctrine of Copyright Exhaustion in Software under Indian Copyright Act: A Cursory Glance’ (2022) 4 Issue 3 Indian Journal of Law and Legal Research 1.

[31]Andreas Rahmatian, ‘The Musical Work in Copyright Law’ (2024) 73 GRUR International 18.

[32]Sayed Qudrat Hashimy, ‘Comparative Insights Into Copyright Disclaimers of the United States and India’ (2024) 1 Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 170.

[33]Bhat (n 28).

[34]Sayed Qudrat Hashimy and Emmanuel Elimhoo Kimey, ‘Navigating the Complex Terrain of Passing off Under Indian Trademark Law’, Vaikunta Baliga College of Law, vol 3 (Vaikunta Baliga College of Law 2023) <http://eprints.uni-mysore.ac.in/17433/> accessed 10 February 2025.

[35]ibid.

[36]Bhat (n 28).

[37]ibid.

[38]ibid.

[39]Hashimy, ‘Comparative Insights Into Copyright Disclaimers of the United States and India’ (n 32).

[40]Bhat (n 28).