At its tenth session, the WIPO Intergovernmental Committee (IGC) identified ten key questions relating to the protection of traditional cultural expressions/expressions of folklore (TCEs/EoF) and traditional knowledge (TK).
The IGC established a commentary process regarding these issues, which took place between its tenth and eleventh sessions. The Committee then undertook an extensive review of the issues and commissioned factual extractions of the comments and viewpoints made on these issues:
- The Protection of Traditional Cultural Expression/Expression of Folklore: Factual Extraction (January 31, 2008)
- The Protection of Traditional Knowledge: Factual Extraction (February 18, 2008)
List of issues
Expressions of folklore
- Definition of traditional cultural expressions/expressions of folklore that should be protected.
- Who should benefit from any such protection or who should hold the rights to protectable TCEs/EoF?
- What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
- What forms of behavior in relation to the protectable TCEs/EoF should be considered unacceptable/illegal?
- Should there be any exceptions or limitations to rights attaching to protectable TCEs/EoF?
- For how long should protection be accorded?
- To what extent do existing IPRs already afford protection? What gaps need to be filled?
- What sanctions or penalties should apply to behavior or acts considered to unacceptable/illegal?
- Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
- How should foreign rights holders/beneficiaries be treated?
Traditional knowledge
- Definition of traditional knowledge that should be protected.
- Who should benefit from any such protection or who hold the rights to protectable traditional knowledge?
- What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
- What forms of behavior in relation to the protectable traditional knowledge should be considered unacceptable/illegal?
- Should there be any exceptions or limitations to rights attaching to protectable traditional knowledge?
- For how long should protection be accorded?
- To what extent do existing IPRs already afford protection? What gaps need to be filled?
- What sanctions or penalties should apply to behavior or acts considered to unacceptable/illegal?
- Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
- How should foreign rights holders/beneficiaries be treated?
Comments
Comments on the issues were received from IGC members and accredited observers. These comments have been incorporated in working documents:
WIPO member states and observers
| Member State / Observer | Traditional Cultural Expressions | Traditional Knowledge | Traditional Cultural Expressions and Traditional Knowledge |
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| Brazil |
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| China |
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| Colombia |
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| European Union |
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| Ghana |
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| Guatemala |
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| Hungary |
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| Japan |
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| Kyrgyz Republic |
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| Latvia |
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| Mexico |
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| New Zealand |
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| Nicaragua |
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| Norway |
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| Qatar |
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| Switzerland |
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| Tunisia |
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| United States of America |
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IGC accredited observers
| IGC Observer | Traditional Cultural Expressions | Traditional Knowledge | Traditional Cultural Expressions and Traditional Knowledge |
|---|---|---|---|
| Eurasian Patent Office |
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| Federación Iberolatinoamericana de Artistas Intérpretes y Ejecutantes (FILAIE) |
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| International Chamber of Commerce (ICC) |
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| International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) |
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| International Publishers Association (IPA) |
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| Intellectual Property Owners Association (IPO) |
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| Ogiek Community |
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| Russian Association of Indigenous Peoples of the North (RAIPON) |
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