Launched on the occasion of the 17th session of WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, this publication seeks to respond to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of traditional cultural expressions.
6 December 2010: The World Intellectual Property Organization (WIPO) has launched a publication titled “Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives.” The publication was launched on the occasion of the 17th session of its Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, held from 6-10 December 2010, in Geneva, Switzerland. The publication seeks to respond to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of traditional cultural expressions.
Prepared by Molly Torsen and Jane Anderson, the publication offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It draws on information gathered through surveys of several cultural institutions around the world by WIPO-commissioned experts, and builds on and complements traditional intellectual property (IP) guides for museums, libraries and archives on more conventional IP issues.
Part I identifies the issues at stake, describes relevant concepts and lays out the complex policy debate surrounding the issues. Part II explores the fundamental principles of copyright protection through the lens of traditional cultural expressions, and provides an overview of other IP fields, including the laws of trademarks and geographical indications. It explicitly examines the precarious balance, established by IP law, between protecting the rights afforded to creators, including indigenous and traditional creators, and protecting the interests of the general public to benefit from and enjoy those endeavors. Part III then offers examples of institutional and community experiences in the development of good practices, and presents a selection of existing practices, protocols and guidelines. Part III also explains risk management strategies and discusses resolution options where conflicts may arise, including alternative dispute resolution. [The Publication]