South and Southern Africa--recent developments in the legal protection of traditional knowledge and traditional cultural expressions

2014 ◽  
Vol 9 (5) ◽  
pp. 411-418 ◽  
Author(s):  
A. van der Merwe
Keyword(s):  
Traditional Knowledge ◽  
Southern Africa ◽  
Legal Protection ◽  
Recent Developments ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

Part III Rights to Culture, Ch.11 Intellectual Property and Technologies: Article 31

2018 ◽  
Author(s):  
Stoll Tobias
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
State Action ◽  
Technology And Culture ◽  
Science Technology ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

This chapter looks at the specific right to intellectual property and technologies in Article 31. Article 31 sets out a number of rights of indigenous peoples relating to their science, technology, and culture, and calls for State action in this regard, which is to be taken with the involvement of those peoples. The provision relates to three different subject matters, between which there obviously exists quite some overlap. It refers, first, to ‘cultural heritage, traditional knowledge and traditional cultural expressions’. Second, it refers to ‘intellectual property’ over such heritage, knowledge, and expressions, and third, to ‘manifestations of…sciences, technologies and cultures’ — representative examples of which find themselves included in an illustrative list. According to Article 31, with a view to each of these subject matters, indigenous peoples have a right to ‘maintain, control, protect and develop’.

Intellectual Property for Mystics? Considerations on Protecting Traditional Wisdom Systems

2010 ◽  
Vol 17 (3) ◽  
pp. 519-546
Author(s):  
Rosanne Trottier
Keyword(s):  
Intellectual Property ◽  
Complex Systems ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Customary Law ◽  
Intangible Cultural Heritage ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
Traditional Communities

AbstractEfforts to protect, if not revitalize, intangible cultural heritage in its traditional communities, cannot succeed without due attention to issues of ownership—cultural, environmental, intellectual, economic … “intellectual property” categories in a wisdom system such as that of the Baul of Bengal show that Traditional Knowledge, Customary Law and Traditional Cultural Expressions are inseparable “property,” and that “ownership” should be understood on traditional terms. Within such an integrated continuum, knowledge itself is not limited to it modern meaning.Is it possible to bring about a true and equitable dialogue between radically antagonistic intellectual property universes—the modern one driven by profit, and traditional ones rooted in complex systems of multiple values?The death of a wise old one is the loss of a whole library—L. S. Senghor

Afro-Cuban Folkloric Dance in the Age of Intellectual Property

2018 ◽  
Vol 25 (2) ◽  
pp. 179-201
Author(s):  
Carolyn Renée Pautz
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Public Policies ◽  
World Intellectual Property Organization ◽  
Cultural Institutions ◽  
The World ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

Abstract:This article analyzes drafts put forth by the World Intellectual Property Organization (WIPO) to examine the gaps that are created when institutions attempt to assign authorship of traditional knowledge and traditional cultural expressions to individuals and communities and how these gaps impact the use of folkloric dance in cultural institutions. The analysis produced via anthropological mappings of policy is underpinned with an examination of terminologies that circulate between fields of discourse, spiraling their way into public policies concerning marginalized peoples’ rights, economies of art, and intellectual property. This is followed by ethnographic accounts of Afro-Cuban folkloric dance classes, for it is in the dancing bodies that gaps between policies of authorship and the reality of unstable streams of transmission and reception materialize. By reproducing and circulating these unstable streams, combined with various legal doctrines put forth by WIPO, cultural institutions appropriate Afro-Cuban folkloric dance to commodify individuals and communities.

scholarly journals Perlindungan Hukum Terhadap Hak Cipta Geguritan Bali Di Indonesia

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 562
Author(s):  
Putu Bagus Dananjaya ◽  
I Gede Pasek Pramana
Keyword(s):  
Legal Protection ◽  
The State ◽  
Copyright Holder ◽  
Regional Government ◽  
Cultural Expression ◽  
Legal Remedies ◽  
City Culture ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
The City

Geguritan Bali as a Traditional Cultural Expression whose copyright is held by the State is a provision of Article 38 paragraph (1) of Law Number 28 Year 2014 concerning Copyright. Countries are required to inventory, preserve and preserve traditional cultural expressions. The problem is that the use of traditional cultural expressions is easily claimed to be the domain of other parties who registered and published it earlier. This study aims to analyze legal protection and legal remedies if the Bali Geguritan is reproduced without permission for commercial needs. This study uses a normative legal research method with a statutory approach. The results of this study indicate that the protection of Geguritan Bali's copyright works in the Copyright Act has not been able to protect the expression of traditional culture as a whole because of the blurring of norms and character differences between Intellectual Property Rights and Traditional Cultural Expressions. The Regional Government has the authority to file a lawsuit related to the multiplication of Geguritan Bali without permission for commercial needs. Based on the theory of the authority of the mandate granted by the state as the copyright holder to the Provincial Culture Office and the City Culture Office as the area carrying the Traditional Cultural Expressions.

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