Degnifying of the Indigenous: An Introduction to the Traditional Law of Indigenous People

The term ''Folklore'' verbally means public and people's culture. Expressions or symbols of folklore include productions, works, creativity, believes and traditions of a group or a definite society which have been flourished and emerged via tangible or intangible ways, in the form of artistic (either performances or nonperformances) or literary works or in the form of indigenous knowledge (including medical, agricultural and environmental science) and natural and ecologic sources. These factors have always been the instrument of recognizing the communities and also have been the cultural, biological and historical identity of such societies. In this essay, along with the clarifying the concept and historical background of folklore expressions, three traits of folklore, including the oldness, belonging to a certain territory and collectivity, will be studied. However, in association with the identity of folklore, three theories are propounded, including ''sui generis'', '' exploitation right'' and ''property right'', in which collective property right is accepted and finally the abstractness of relationship between creators and owner against aspects of folklore is regarded as acceptable.