wipoworld intellectual property organization

Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,*,*,Documentation and Digitization of Intangible Cultural Heritage: the Experience of WIPO,International Conference on Intellectual Property and Cultural Heritage in the Digital World,Madrid, Spain,October 29-30, 2009,Brigitte Vzina,Traditional Knowledge Division,WIPO,Structure of Presentation,Terminology: How will Terms be Used?,Traditional Cultural Expressions (TCEs) and IP: What are Some of the Issues?,Normative Work at WIPO: the WIPO Intergovernmental Committee (IGC),TCEs and Digitization and Documentation of ICH: Issues, Options and Practical Tools,TK, TCEs and ICH,ICH,TCEs,TK,TK,A working description of TCEs,. . . any forms, whether tangible and intangible, in which traditional culture and knowledge are expressed, appear or are manifested, which are:,the products of,creative intellectual activity, including individual and communal creativity;,characteristic of a communitys cultural and social,identity,and cultural heritage; and,maintained, used or developed by such community, or by individuals having the right or responsibility to do so in accordance with the,customary law and practices of that community,Include: art, music, designs, symbols, performances, rituals, narratives(Art. 1, WIPO Draft Provisions on the Protection of Traditional Cultural Expressions, 2006),TCEs:,embody communal,identities,and linked to the continued,vitality of indigenous cultures,reflect a communitys,history,traditions,values,and,beliefs,integral to,cultural diversity,TCEs should therefore be preserved and safeguarded: but should they be,“protected”,as a form of “intellectual property”?,TCES and intellectual property,Some forms of TCEs already protected:,Derivatives,/contemporary adaptations,Performances,of TCEs,Recordings,of TCEs,Compilations and,databases,of TCEs,But, TCEs “as such” are in the,“public domain”, should they be “protected” and, if so, what does “protection” mean? What options are there?,See WIPO,Gap Analysis, WIPO/GRTKF/IC/13/4(b), available at,What could “protection” of TCEs mean?,an exclusive property right, to prevent or authorize use of TCEs, incl. for exploitation,to support,economic development,prevention,of inappropriate, unwanted use and commercialization by others,remuneration,for third party uses,acknowledgement,of source,defensive,protection (protection against IP rights),Normative developments: WIPO Intergovernmental Committee (IGC),first session in April 2001,members and participants:,member states,intl. organizations,NGOs (over 200),eg., ICOM,indigenous and local communities: speedy accreditation and WIPO Voluntary Fund,New IGC Mandate for 2010-2011,International legal instrument for effective protection of TK and TCEs,Text-based negotiations,Including on,WIPO/GRTKF/IC/9/4,Clearly defined work program for the 2010/2011 biennium,2011 GA: text submitted,Diplomatic Conference,IGC 15,December 7-11, 2009,Draft provisions,for protection of TCEs,Sui generis,provisions collective rights, no formalities, indefinite protection. . .,WIPO Draft Provisions on TCEs,Art 1: Subject matter,Art 2: Beneficiaries,Art 3: Scope of rights,Art 4: Management of rights,Art 5: Exceptions and limitations,Art 6: Term of protection,Art 7: Formalities,Art 8: Sanctions and remedies,Art 9: Transitional measures,Art 10: Relationship with IP protection,Art 11: International protection,See WIPO/GRTKF/IC/9/4 available at :/=55137,1. Cultural expressions of particular cultural/spiritual value exclusive right if TCE registered,2. Other cultural expressions no formalities - moral rights and reasonable royalty,Draft Article 3,3. Secret TCEs,Documentation and Digitization: TCE and IP Issues,Documentation and digitization of TCEs valuable for their,safeguarding,Museums and archives as repositories of indigenous and other cultural materials fulfill vital preservation, educational, scholarly and public access functions,However, indigenous communities question control over, access to, ownership of, control over and authorship of indigenous materials held by museums and archives,“The crux of the problem is that information about us is not owned by us”,a problem is that IP rights in documentation and recordings of TCEs vest in those who made the documentation/recordings communities see themselves as,legally disenfranchised,complex ethical, cultural and legal questions,Museums and archives are,pivotal spaces,within which issues of access, control, authorship, ownership and re-use of indigenous cultural materials can be discussed,emerging forms of collaboration between libraries and communities,role of guidelines and protocols building relationships,Recognizing sensitivities surrounding documentation/digitization of TCEs and IP management, WIPO has developed,practical tools, complementing normative work of the IGC:,WIPO Creative Heritage Training Program,for Indigenous Communities on Cultural Documentation, Archiving and IP Management,WIPO,Surveys,and,Database,of Practices, Protocols and Policies,WIPO Guide,on “Intellectual Property and Safeguarding Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives” (draft),WIPO Creative Heritage Training Program on Cultural Documentation,WIPO, American Folklife Center/LOC and Duke University,Hands-on technical training,IP training,Camera, sound recording equipment, laptop and software,Pilot program successfully completed, for Maasai community, with National Museums of Kenya, Kenya,WIPO Guide on IP and Safeguarding Traditional Cultures (draft),complex and sensitive issues,Who “owns” collections of indigenous materials?,Which legal and ethical rules apply?,How can museums/archives and communities develop,mutually-beneficial relationships,?,What role does,IP management,play?,What “good practices” are there?,Table of contents (to come),Thank you!,Sign up for the WIPO TK Divisions,Newsletter,by writing to:,or,