Nagaland: Cultural appropriation endangers indigenous community and society

Kohima, Aug. 31 (EMN): Many citizens of Nagaland are still ignorant about Intellectual Property Rights (IPR) and its advantages, the outcome of which has let others infringe upon the indigenous and traditional rights of the people, according to Gihukali Chishi, Technical Assistant of Patent Information Centre (PIC), Nagaland Science and Technology Council (NASTEC).

She said that various indigenous traditional knowledge and bio-piracy matters are gaining significance in the legal story due to lack of proper documentation and lack of awareness about IPR-related issues among the people of the state.

“Many people are still unaware of IPR and its advantages in taking rights for their intellectual property. Slowly, people are infringing our indigenous and traditional rights,” she said while presenting an overview of the IPR in the Nagaland context.

She was speaking during a talk held virtually on “Intellectual Property Rights”, organised by NASTEC under the aegis of the Department of Science and Technology, Government of India, as part of the yearlong ‘Vigyan Utsav’ celebration on Wednesday.

Despite the state being home to many flora and fauna, which are considered to be the hotbed for IPR filing such as geographical indication (GI), patents, traditional knowledge documentation etc., ‘the IPR lacks its root in many areas’, she said.

“Nagaland has a rich diversity of ethnic groups, languages, religions, climate and landscapes, and is home to 18 recognised tribes with each distinct and fascinating culture. Since time immemorial, the indigenous traditional system has been passed from generation to generation orally without any written documents,” she said.

“The IPR are the rights of persons over the creations of their minds. It gives the creator an exclusive right over the use of his/her creation for a certain period of time,” she further explained.

At present, cultural appropriation has greatly contributed to the endangerment of the indigenous community and society. Alarmingly, indigenous people are exploited through misappropriation in the name of cultural promotion and appreciation, Chishi said.

Only four products from Nagaland currently have GI tag, and they are: Naga Mircha (GI No. 109), Naga Tree Tomato (GI No. 374), Chakhesang shawls (GI No. 542) and the very recent one, Naga Cucumber (GI No. 640).

The Patent Information Centre established in 2011 is the only organisation in Nagaland dealing with IPR issues. A total of five IPR cells have been set up in the state including NU-SET, Dimapur under Biotechnology department, Patkai Christian College under Geology department, Nagaland University, Lumami Campus, Kohima Science College, Jotsoma, and department of Industries and Commerce.

‘Make GI-tagged products available’

IP Attorney Partner, LEX IP Care, Dr. Chitra Arvind, said that owners of the GI-tagged products have to translate the items into a marketing strategy and make it grow from small-scale to large-scale industries to generate employment and income.

She suggested tying up with the government, giving handouts containing information of the GI-tagged product during programmes and events, and making sure that the products are available in stores and outlets.

‘Write a brief story or background information to go along with the GI-tagged products and price it differently to ensure the authenticity is not diluted. Made the GI-tagged products into brands, if not done so, in order to market it,’ she said while speaking on market links to GI products.

Dr. Nesatalu Hiese, Scientist D, NASTEC, said the objective of the talk was to inform the stakeholders about the IPR strength of the state. ‘It was held with an aim to strengthen the innovation ecosystem for technological self-reliance, the opportunity for students, potential start-ups, researchers and industries to gain knowledge about the IPR ecosystem in India to protect their creativity,’ she added.