Intellectual Property and Traditional Cultural Expressions in a Digital Environment
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Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Edited by Christoph Beat Graber and Mira Burri-Nenova

In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples’ values and provide for the sustainability of TCE.
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Excerpts from documents of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ANNEX 1: DRAFT PROVISIONS FOR THE PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS/ EXPRESSIONS OF FOLKLORE1 Policy Objectives and Core Principles Contents I. (i) (ii) (iii) (iv) (v) (vi) (vii) Objectives Recognize value Promote respect Meet the actual needs of communities Prevent the misappropriation of traditional cultural expressions/ expressions of folklore Empower communities Support customary practices and community cooperation Contribute to safeguarding traditional cultures 1 These draft provisions are reproduced unaltered (without commentaries) from the Annex of documents WIPO/GRTKF/IC/8/4, 8 April 2005, WIPO/GRTKF/IC/9/4, 9 January 2006, WIPO/GRTKF/IC/10/4, 2 October 2006, WIPO/GRTKF/IC/11/4(c), 26 April 2007, and WIPO/GRTKF/IC/12/4(c), 6 December 2007, considered by the Intergovernmental Committee on Intellectual Property and Genetic Resources and Folklore at its Eighth, Ninth, Tenth, Eleventh and Twelfth Sessions. 303 304 Annex (viii) (ix) (x) (xi) (xii) (xiii) Encourage community innovation and creativity Promote intellectual and artistic freedom, research and cultural exchange on equitable terms Contribute to cultural diversity Promote community development and legitimate trading activities Preclude unauthorized IP rights Enhance certainty, transparency and mutual confidence II. General Guiding Principles (a) Responsiveness to aspirations and expectations of relevant communities (b) Balance (c) Respect for and consistency with international and regional agreements and instruments (d) Flexibility and comprehensiveness (e) Recognition of the specific nature and characteristics of cultural expression (f) Complementarity with protection of traditional knowledge (g) Respect for rights of and obligations towards indigenous peoples and other traditional communities (h)...

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