0.8 Traditional knowledge  (Page 23/24)

Increase awareness rather than changing the law. Some organizations have advocated protection of TK through nongovernmental organizations and projects rather than through legislation. For example, the Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage has compiled a  List of Intangible Heritage in Need of Urgent Safeguarding . UNESCO lists projects for safeguarding intangible cultural heritage in African countries here . Finally, groups of academics and activists have created community standards for those, such as anthropologists, whose work impacts indigenous cultures and may involve sensitive issues of disclosure of TK.

Back to the case study

Nadia should make Angela aware of the various types of national intellectual property laws that could apply to this situation. For example, in their country traditional dances might be protected under copyright or  sui generis  statutes. However, those laws would only apply within their country, not to the distribution of the Madonna video in other countries. Nadia should also make Angela aware of regional organizations of which their country may be a member. Finally, Nadia could help equip Angela to advocate for protection of her community's traditional cultural expressions by making her aware of the policy recommendations and reports of international organizations, such as WIPO, and the relevant committees that may be proposing draft legislation on traditional knowledge in the near future

Additional resources

In general

Silke Von Lewinski Ed., Indigenous Heritage and Intellectual Property (2d. 2008).

WIPO's Database  contains existing codes, guides, policies, protocols and standard agreements relating to the recording, digitization and dissemination of intangible cultural heritage, with an emphasis on intellectual property issues.

Who Owns Native Culture by Michael F. Brown  is a good resource for understanding current debates about the legal status of indigenous art, music, folklore, biological knowledge and sacred sites.

Intellectual Property Rights Online  is a compendium articles about Traditional Knowledge and Cultural Expressions

The African Copyright&Access to Knowledge Project (ACA2K)  probes the relationship between national copyright environments and access to knowledge in African countries.

National Experiences with the Protection of Traditional Cultural Expressions/Expressions of Folklore: Preface

WIPO's resources on Traditional Cultural Expressions (Folklore)

Creative Heritage Project: Strategic Management of IP Rights and Interests  lists resources for developing best practices and surveys existing practices, protocols and policies.

Resources on Indigenous Cultures and Cultural Property  is a searchable database of codes, guides, policies, protocols and agreements relating to IP and the digitization of ICH. It also includes short case studies presenting informal summaries of best practices, multimedia materials, articles, laws and other resources.

Is a Sui Generis System Necessary?  reviews traditional IP laws and outlines potential problems with sui generis systems.