Traditional Cultural Expressions (TCEs) includes songs, tunes, arts, tales as well as the traditional practices of a community or group of persons in a society who holds, nurtures, and transmits it over one generation to another. These TCEs are also popularly known as folklores, or the expressions of folklores which are generally transmitted orally. It is also sometimes referred to as the mirror of a society, as it generally talks about the working of the society, praising nature or sometimes transmitting traditional knowledge expressed through different mediums. Various international organizations such as UNESCO and WIPO have been constantly working on its prevention and protection mechanisms and also requested its member countries to incorporate the same in their domestic regime. These organizations also established the fact that, communities holding and nurturing the folklore are the custodians and the rightful holders of the TCEs. As these are transmitted orally with no adequate documentation, it makes the protection mechanism more difficult. Speaking about the current folklore protection regime in India, this generally comes under the Copyright Domain, as those works are more inclined towards artistic, literary, and dramatic works. Yet, the present regime keeps all these TCEs in the public domain, as its creation is more than 60 years old. This makes it more vulnerable to illegal economic exploitation and distortion of the cultural heritage. Such a vacuum in the legal regime hinders the moral as well as the economic rights of its rightful holders. Furthermore, the development of technology such as the internet, CD, broadcasting etc. supplemented the legal vacuum, enabling some in taking undue advantage of commercial exploitation. Hereby, the research will critically examine the need for a sui-generis legislative mechanism in India as recommended by WIPO through various Inter-governmental Committees.