e-ISSN 2231-8542
ISSN 1511-3701

Home / Regular Issue / JTAS Vol. 27 (4) Dec. 2019 / JSSH-4135-2018


Policy Frameworks for the Protection of Cross Border Traditional Song-Baul: A Case Study

Manas Kumar Ganguli, Laina Rafianti and Sabuj Kumar Chaudhuri

Pertanika Journal of Tropical Agricultural Science, Volume 27, Issue 4, December 2019

Keywords: Baul song, cross-border, cultural preservation, intellectual property rights (IPR), traditional cultural expressions (TCEs)

Published on: 18 December 2019

Cross-border policy on Traditional Cultural Expressions (TCEs) particularly traditional songs is a complex issue to implement. The spirit to cooperate between states of cultural similarity is raised by United Nations Educational, Scientific and Cultural Organization (UNESCO) but in fact, the utilization of such song denies the economic rights of its custodian. Until now, less attention has been paid to questions concerning normative issues of protection of Baul song. This paper addresses two important questions on the normative level: a) How to protect Baul song as Traditional Cultural Expressions (TCEs) using existing suitable Intellectual Property Rights (IPR) tool? b) How to draw any alternate protection mechanisms in cross-border Baul song? From a methodological standpoint, this paper used both a legal approach and snowball sampling strategy in data collection. To conclude, firstly, it is potential to protect Baul song as Traditional Cultural Expressions (TCEs) using existing suitable Intellectual Property Rights (IPR) tool, particularly using Copyrights as long as sui generis system has not been established. Secondly, as an alternative protection mechanism in cross-border Baul song, in the establishment of legal instruments must include political, historical, and economic issues. Those are some recommendations on how to deal with these normative aspects in well laid policy making processes: it is proposed that there is a need to give a boost to cross-border collaboration program such as inscription and documentation; creating more specific incentives for cross-border cooperation; strengthening a protection policy framework for copyright and related right landscape.

ISSN 1511-3701

e-ISSN 2231-8542

Article ID


Download Full Article PDF

Share this article

Recent Articles