Views from Speakers at the Seminar on Intellectual Property and Traditional Cultural Expressions (June 8 and 9, 2017)
September 13, 2017
The WIPO Seminar on Intellectual Property and Traditional Cultural Expressions took place at WIPO Headquarters on June 8 and 9, 2017.
The Seminar shared regional, national and local experiences regarding a challenging issue in the intellectual property field: the relationship between intellectual property and traditional knowledge.
Interviews with selected speakers
Keynote address: Existing International Intellectual Property Instruments and Traditional Cultural Expressions: Which Gaps Exist and Which, If Any, Should be Filled?
[…] they have to think clearly about the objectives of the process, which means analyzing closely what are the so-called gaps in the existing system and which of those gaps should be filled and which of them are important enough to be left alone and they also have to think about lessons that can be learned from the experience of the existing international intellectual property system, especially copyright.”Mr. Peter Jaszi, Professor of Law emeritus, American University Law School, Co-founder, Program on Information Justice and Intellectual Property and the Glushko-Samuelson Intellectual Property Clinic, Washington D.C., United States of America
Key Policy Issues on Intellectual Property and Traditional Cultural Expressions
[…] in my point of view, one of the main priorities of protection of TCEs is to make sure that there will be no misappropriation in the use of the TCEs and then we can actually give the right to hold or to control the way the TCEs are used specially if they are used beyond their traditional and customary context […].Mr. Erry Wahyu Prasetyo, Third Secretary (WIPO issues), Permanent Mission of the Republic of Indonesia to the United Nations Office and other international organizations, Geneva, Switzerland
[…] it is important to consider […] that culture is constantly evolving and it is dynamic so that indigenous people should be given opportunities to collaborate and be involved in projects that use their traditional cultural expression.Ms. Terri Janke, Solicitor Director, Terri Janke & Company Pty Ltd, Sydney, Australia
…] trademark owners are business owners and what they are looking for in any kind of system is legal certainty […], what they want is fairness and transparency. [Trademark owners] themselves are also taking on some responsibility of owning and understanding the issues that surround TCEs and particularly as they relate to indigenous peoples.Ms. Marion Heathcote, Principal, Davies Collison Cave Pty Ltd, Sydney, Australia
There are two things that are needed in terms of making the relationship between the film industry and indigenous peoples even more fluid and productive: one is a bigger effort to educate the indigenous population to equip them with information that they need to protect their rights within the copyright framework and other legal frameworks that exist; and the second thing is […] protocols […] that tell filmmakers how to engage in ethical terms and practical terms when filming projects that have to do [indigenous peoples’] lives and societies.Mr. Bertrand Moullier, Senior Expert in charge of International Affairs, International Federation of Film Producers Associations (FIAPF), London, United Kingdom
Protection of Traditional Cultural Expressions: Practical Experiences, Initiatives and Projects
One of the big issues I think that needs to be more addressed […] is the different kinds of infrastructure that is available for communities in terms of making […] informed decisions about how to use intellectual property, […] when to use intellectual property [and when to find another option].Dr. Jane Anderson, Assistant Professor of Anthropology and Museum Studies, New York University, New York City, United States of America
Past International Normative Developments Related to Intellectual Property: What Lessons for Negotiating an International Instrument on Traditional Cultural Expressions?
My hope is that the IGC process will not only conclude with the first international framework for the protection of traditional knowledge and traditional cultural expressions but that it will also signal the beginning of a new kind of recognition of innovation that wherever it begins people are involved and values are involved and those must be reflected in the international intellectual property regime.Ms. Ruth Okediji, William L. Prosser Professor of Law, University of Minnesota Law School, Minneapolis, Minnesota, United States of America / Member, National Copyright Reform Committee, Nigerian Copyright Commission, Abuja, Nigeria
One of the points in my presentation is the unparalleled perspective that the IGC gives us. Thanks to the IGC I think […] we all understand intellectual property as a much richer subject than we thought before […].Mr. Daniel R. Pinto, Counselor, Head of the Intellectual Property Division, Ministry of Foreign Relations, Brasília, Brazil
My main wish for this process is that it comes to a speedy conclusion and that we get on to the next phase of implementation.Ms. Aroha Te Pareake Mead, Member of the Ngati Awa and Ngati Porou Tribes, Wellington, New Zealand
Closing Address: Reflections on the Way Forward
[…] it is time really to reach agreement on the normative agenda on the three topics [i.e. GRs, TK and TCEs] that we have been discussing. If we have the will we should be able to reach a common agreement and move forward with this agenda […].Ambassador Philip Richard O. Owade, EBS, Legal Consultant, Nairobi, Kenya