Chapter 6: The Protection of Traditional Cultural Expressions with Geographical Indications
6.1 INTRODUCTION Geographical indications (GIs) have traditionally been associated with agricultural products, foodstuff, wines and spirits. However, in recent years, GIs have been said to be ‘potentially useful’ in protecting TCEs. At the fifth session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, it was pointed out that some TCEs, such as handicrafts made using natural resources, may qualify as ‘goods’ which could be protected by GIs.1 In addition some TCEs, such as indigenous and traditional names, signs and other indications, may themselves be GIs. This chapter will assess whether TCEs can be protected by GIs, examine practical examples involving GI protection of TCEs at the international, regional and national level, and examine the possibility of incorporating TCEs under the GIs regime established under Articles 22–24 of the TRIPS Agreement. 6.2 TCES AS SUBJECT MATTER OF GEOGRAPHICAL INDICATIONS Article 1(a)(iv) of the Substantive Provisions of the WIPO Revised Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore provides that ‘traditional cultural expressions’ or ‘expressions of folklore’ can be tangible expressions, such as productions of art, in particular, drawings, designs, paintings (including body-painting), carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, baskets, needlework, 1 See WIPO, Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions, Document WIPO/GRTKF/IC/5/3, 52. 164 Traditional cultural expressions with geographical indications 165 Table 6.1 GIs Characteristics of GIs and TCEs TCEs TCEs are usually produced within a community TCEs are produced according to traditional methods...
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