Title
Traditional cultural expressions: Preservation and innovation
Date Issued
01 January 2010
Access level
metadata only access
Resource Type
book part
Author(s)
Fernandini Abogados
Publisher(s)
Cambridge University Press
Abstract
This chapter addresses challenges faced by indigenous peoples and local communities in the legal protection of their traditional cultural expressions (TCEs). It also highlights considerations for governments, public institutions and non-profit organizations in attempts to promote TCEs to support indigenous peoples and local communities in their cultural, economic and social development. While TCEs are embraced within the broad, holistic approach to traditional knowledge (TK) adopted in this book, there are legal issues and developments specific to the protection of TCEs which merit separate analysis from those elements of TK addressed in Chapter 4. This chapter first explores some relevant concepts towards understanding the overlap between intellectual property rights (IPRs) and the protection of TCEs. It poses questions relating to the commodification of TCEs by IPRs, and how this potentially transforms the social relations underpinning creative processes in indigenous communities. At the same time, it is recognized that the making and marketing of some forms of TCEs present potential sources of livelihoods to many indigenous communities currently marginalized in the socio-economic order. Given a global environment where TCEs are increasingly copied and commercially mass-produced by third parties, some options and limitations in relation to intellectual property (IP) protection of TCEs are discussed, along with sui generis protection. While the Latin term sui generis means ‘unique’ or ‘of its own kind’, it remains to be seen how far these hybrid solutions ultimately depart from typical concepts in IP law. Beyond legal measures, there are indigenous protocols and other standards governing third-party access to and use of TCEs, including those evolving within the context of the Internet. These are also explored briefly in this chapter.
Start page
175
End page
217
Language
English
OCDE Knowledge area
Derecho
Subjects
Scopus EID
2-s2.0-84924103432
ISBN
9780511761027
9780521190930
Source
Intellectual Property and Human Development: Current Trends and Future Scenarios
Sources of information:
Directorio de Producción Científica
Scopus