Untitled Page

Author	Mr SM Aamir Ali
Organisation/Institution	Symbiosis Law School Pune, Symbiosis International Deemed University, India.
Country	INDIA
Panel	Intellectual Property Rights
Title	Protecting Traditional Cultural Expressions in the Digital Economy: Regional Legal Strategies for Fair Access and Benefit Sharing in Asia
Abstract	The rapid expansion of the digital economy has transformed the ways in which Traditional Cultural Expressions (TCEs) are accessed, reproduced, and commercialised, exposing Indigenous and local communities across Asia to unprecedented risks of cultural misappropriation. While TCEs embody collective memory, identity, and spirituality, digital platforms, AI training datasets, and global e-commerce markets have facilitated their widespread replication without consent or benefit sharing. Incidents such as the unauthorized reproduction of India’s Warli and Madhubani artworks on Amazon and Etsy, AI-generated recreations of Indonesian batik patterns, and the misuse of Bhutanese and Tibetan textile motifs by international fashion brands demonstrate the scale of the challenge and the inadequacy of existing legal systems. Although Asian jurisdictions have introduced partial protections—such as India’s Geographical Indications of Goods (Registration and Protection) Act, 1999, Indonesia’s Law No. 5/2017 on the Advancement of Culture, and the Philippines’ Indigenous Peoples’ Rights Act, 1997—these frameworks remain limited in addressing digital diffusion, communal authorship, and cross-border infringements. International instruments including the WIPO Intergovernmental Committee (IGC) draft provisions, the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2003), and the Nagoya Protocol on Access and Benefit Sharing offer normative guidance but lack enforceable safeguards for digital exploitation. This paper argues that Asia urgently requires a coordinated regional approach grounded in cultural justice, sustainability, and technological adaptability. It proposes the establishment of a Pan-Asian Digital Repository for TCEs, a Regional Benefit-Sharing Protocol, platform accountability obligations for monitoring unauthorized digital use, and a culturally sensitive dispute-resolution mechanism accessible to communities. Through case-based assessment and comparative legal analysis, the study demonstrates that protecting TCEs in the digital economy is essential for empowering Indigenous communities, reducing exploitation, strengthening sustainable development pathways, and advancing regional integration.
Biography	Mr. S.M. Aamir Ali is an Assistant Professor of Law at Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune, Maharashtra, India. He is pursuing his PhD from West Bengal National University of Juridical Science (WBNUJS), Kolkata. He has completed his LL.M from National Law School of India University (NLSIU), Bengaluru, specialising in Human Right Laws and B.A. LL.B (Hons.) from Aligarh Muslim University, Murshidabad Campus. Along with his education and academic roles, he has also published over 27 academic research papers in National and International Peer Reviewed Journals, including 10 Scopus Indexed journals such as Novum Jus, Journal of Intellectual Property Rights (JIPR), Brazilian Journal of International Law, Manchester Journal of Transnational Islamic Law and Practice, Brazilian Journal of Alternative Dispute Resolution, Economic Political Weekly (EPW) etc. Furthermore, he has contributed to Book Chapters with Internationally reputed publishers such as IGI Global, Springer Nature, Thompson Reuter, etc. He has also presented papers and participated in National and International Seminars, Workshops, and Online Faculty Development Programmes.