Traditional Knowledge Laws: Panama
|Title||Special System for the Collective Intellectual Property Rights of Indigenous Peoples|
|Subject Matter||Traditional Cultural Expressions|
|Issue(s)||Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; Exceptions and Limitations|
|Type(s) of Legislation||Sui Generis|
Subject Matter of Protection
That worn by the Kuna, Ngöbe and Buglé, Emberá and Wounaán, Naso and Bri-bri peoples is hereby recognized as traditional indigenous dress, such as:
1. Dule mor. Consists of the combination of clothing with which Kuna men and women identify the culture, history and portrayal of their people. It is made up of the morsan, saburedi, olassu and wini.
2.Jio. Consists of the combination of clothing with which Embera and Wounaán men and women identify the culture, history and portrayal of their people. The women use the wua (paruma), boró barí, dyidi dyidi, kondyita, neta, parata kerá, manía, sortija, kipará (jagua), kanchí (achiote) and kera patura. The men use the same pieces of clothing, except the paruma; men also use the amburá and andiá ear and chest coverings.
3. Nahua. Consists of the dress with which Ngöbe and Buglé women identify the culture, history and portrayal of their people. It is a one-piece, calf-length dress that is made of smooth, bright ly coloured cloth and decorated with geometric appliqués of contrasting colours, and it includes a wide necklace made with beads.
The technical description of these traditional forms of dress shall be recorded in their respective registers.
This Act recognizes the collective rights of indigenous peoples in their
musical instruments, music, dances or performances, the oral and written expressions that are part of their traditions and make up their historical, cosmological and cultural expression.
The collective rights of indigenous peoples in their traditional artistic and work tools, as well as in the technique for their manufacture, ex
pressed in national raw materials, through the elements of nature, their processing, preparation, combination of natural dies, including the ivory palm and semi-precious wood (cocobolo and nazareno) carvings, traditional baskets, nuchus, beads, leather bags, and all other traditional cultural expressions of these peoples, are hereby recognized.
Those objects incurring protection that may be registered as set out in
this Act are hereby designated collective rights of indigenous peoples, in order to protect their originality and authenticity.
Beneficiaries or Rightholders
The law refers to 'Indigenous peoples of Panama' and 'local indigenous communities'.
Scope of Protection
The right to use and market the art, crafts and other cultural expressions based on the traditional heritage of indigenous peoples must be governed by each people's rules for use, approved and registered with DIGERPI or with the National Copyright Department of the Ministry of Education, as the case may be.
Folkloric dance troupes that give artistic performances on the national and international stage shall be hereby exempt from the previous article.
Nevertheless, the natural or legal persons organizing artistic performances to highlight all or part of an indigenous culture shall include members of said culture in the performance. If it is not possible to hire these persons, the authorization of the respective indigenous general congress or traditional authority shall be required in order to preserve the authenticity of the performance. The National Institute of Culture shall enforce the fulfillment of this obligation.
The industrial reproduction, in whole or in part, of traditional dress and other collective rights recognized in this Act is hereby prohibited, unless authorized by the Ministry of Commerce and Industry, with the prior express consent of indigenous general congresses and councils, and as long as it does not contravene the provisions of this Act.
Exceptions and Limitations
Folkloric dance troupes that give artistic performances on the national and international stage shall be hereby exempt from the previous article [Article 15].
Small-scale non-indigenous craftspeople who earn their living producing, reproducing and selling replicas of Ngöbe and Buglé indigenous crafts and who reside in the districts of Tolé, Remedios, San Félix and San Lorenzo in the province of Chiriquí shall be exempt from the present Act. These small-scale non- indigenous craftspeople may manufacture and market these replicas, but they may not claim the collective rights of indigenous peoples recognized by this Act.
The non-indigenous Panamanian craftspeople who, at the time of entry into force of this Act, earn their living producing, reproducing and selling replicas of traditional indigenous crafts and are registered with the National Directorate General of Crafts, shall be allowed to carry out such activities with the consent of traditional indigenous authorities.