Intellectual Property Protection of Traditional Cultural Expressions: Folklore in China

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The protection of traditional knowledge and traditional cultural expressions folklore has been escaping consensus at the World Intellectual Property Organization for many years.

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One of the reasons for this lack of agreement is the particular nature of traditional knowledge and folklore. Some years ago, a new concept, calling for a different protection according to the degree of diffusion of this knowledge, gained support. A new paper looks into the benefits of this approach and its implementation in local contexts.

The 37 th session of the IGC is meeting this week, from August. The paper explores a concept which has been discussed at the IGC since a few years.

Traditional Knowledge & Folklore

The tiered or differential approach to the protection of TK and TCEs is based on the concept that different kinds of TK and TCEs could benefit from a different degree of protection, with reference to the degree of their diffusion, with a higher protection awarded to secret TK and TCEs for example. TK and TCEs are classified into four categories under the tiered approach: Sacred, secret, narrowly diffused, and widely diffused. According to the paper, one of the challenges of this tiered approach is the evidentiary threshold.

The paper illustrates how the tiered approach would be approached through national examples: Kente fabrics and designs from Ghana, Adire fabrics and designs from Nigeria, Arnhem aboriginal bark painting from Australia, and Cowichan weaving art from Canada and the United States. Catherine Saez may be reached at csaez ip-watch.


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Your email address will not be published. Notify me of follow-up comments by email. Here, Dr. Ouma argues for protections of traditional knowledge at the international level. During these consultations, tribes often disseminate traditional ecological knowledge TEK —knowledge acquired by a tribe that is a mix of environmental ethics and scientific knowledge about tribal use.

Intellectual Property Protection of Traditional Cultural Expressions

This Comment explores the dichotomy between the purposes of FOIA and the protection of tribal culture and knowledge. They will be dealing with intellectual property IP during their studies and future careers. So how well do they understand it? Recent research from the United Kingdom suggests there is much room for improvement.


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  • The briefing discusses solutions and requirements that should be in place for databases and information systems and patents. The Protection of Traditional Knowledge: Rev. Among the aims of this WIPO document are to assist traditional knowledge-holders in preventing the misappropriation of their knowledge and control the ways in which it is used. It examines western vs Indigenous ideas about the meaning of intellectual property and explores concepts of restricted access to sacred text and communal intellectual property ownership.

    Background brief No. The brief also discusses complications surrounding documentation of TK and TCEs and strategies for navigating around them. The authors then move into ways traditional knowledge can be protected and proposes legal frameworks that can be used to protect individuals and traditional knowledge.

    How to protect your IPR in China - businessplanet

    It explores the way that customary law can be used in conjunction with intellectual property laws to protect traditional knowledge. Western science appropriates indigenous knowledge of plants, animals, and medicines and access to patents for biodiversity is controversial as well as difficult to achieve. University of Massachusetts, Amherst.

    One such challenge is the lack of a community-based infrastructure that formalizes processes for confronting IP issues. This deficiency is particularly apparent in the field of archaeology, where IP and cultural heritage issues are being contested on a number of domestic and international fronts. To mitigate this challenge, the Penobscot Nation in Maine, with support from partners at the University of Massachusetts Amherst UMass , engaged in a community-based initiative to develop tribal protocols, tools, and an internal infrastructure to address IP issues related to archaeology and heritage-based places.

    Traditional cultural expressions of the world: Vietnam #onevoiceforcraft

    By: Rosemary J. The article looks at different laws that might preserve the TEK in the area. These laws are tied to social movements where Indigenous peoples call for their political autonomy from Mexico. The article uses TEK and the Zapatista movement as a way to come to a new sustainable development in the area as well as a way to preserve cultural rights.


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    • He highlights the importance of the interplay and conversation between local Indigenous experts and external authorities, such as western legal structures in order to spur vibrant cultural projects and cultural revitalization. When policies like the inclusion of multiple knowledge sources in climate research are viewed as systems of responsibility, the focus becomes what legislators can do, rather than the ways in which they are limited.