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Intellectual Property and Traditional Cultural Expressions/Folklore - Booklet 1


Pages: 28

Abstract

Indigenous art copied onto carpets, T-shirts and greeting cards; traditional music fused with techno-house dance rhythms to produce best-selling ‘world music’ albums; handwoven carpets and handicrafts copied and sold as ‘authentic’; the process for making a traditional musical instrument patented; indigenous words and names trademarked and used commercially. These are the kinds of examples that indigenous and other traditional and cultural communities cite when arguing that traditional creativity and cultural expressions require greater protection in relation to intellectual property (IP). The World Intellectual Property Organization (WIPO), which first began examining the relationship between IP and the protection, promotion and preservation of traditional cultural expressions (TCEs) (or ‘expressions of folklore’) several decades ago, has an active program of policy development, legislative assistance and capacity-building in this area. The relationship between TCEs and IP raises complex and challenging issues. Expressions of traditional cultures/folklore identify and reflect the values, traditions and beliefs of indigenous and other communities. This booklet identifies the key concepts, legal and cultural policy considerations and main legal options, based upon national, regional and international trends, relating to the protection of TCEs.