Intellectual Property Rights, including copyright and trademark, exist as part of an international legal framework protecting original work. However, this framework does not apply to Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs); the heritage, skills, practices, and creations shaped by traditional culture.

The Cultural Intellectual Property Rights Initiative® proposes a new generation of rights related to TK and TCEs. These rights would provide legal protection against misappropriation and misuse of TK and TCEs for an indefinite period of time and fill a legal gap for indigenous and traditional communities to protect their heritage.

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Traditional Knowledge (TK) includes knowledge, know-how, skills, innovations and practices that are passed between generations, in a traditional context.

This living body of knowledge is developed and sustained within a community and often forms part of the cultural or spiritual identity of the group. The group, often Indigenous or local communities, acts as the guardian or custodian of the body of knowledge. 

Examples of Communities with TK include: Maasai in Kenya, Maori in New Zealand, Native Americans in the US, First Nations in Canada, and the Oma in Laos. 

Source: World Intellectual Property Organization – WIPO

Learn more at WIPO: www.wipo.int/tk/en/

Read also: Traditional Knowledge – A Cultural Intellectual Property by Sinduja Sivarajah, (CIPRI, 2020)

Traditional Knowledge and traditional culture are expressed as Traditional Cultural Expressions (TCEs). Sometimes also referred to as “expressions of folklore”, TCEs refer to both tangible and intangible forms that express, communicate or manifest the traditional culture.  

Tangible TCEs include: jewelry, traditional garments, headpieces, pottery, textiles for interiors, wood carvings, musical instruments, and forms of architecture. 

Intangible TCEs include: songs, dances, rituals, storytelling, food recipes, words, designs, names. 

TCEs form part of the identity and heritage of  traditional or Indigenous communities and are passed down from generation to generation. TCEs are constantly evolving, developing and being recreated within a community.

Source: World Intellectual Property Organization – WIPO

Learn more at: https://www.wipo.int/tk/en/folklore/

Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) are both forms of cultural heritage. The idea of protecting TK and TCEs has been defined by UNESCO and is also a term referring to legal protection of intellectual property. The two meanings are distinct.  

UNESCO

In the UNESCO sense, protection refers specifically to “preservation” and “safeguarding” of tangible and intangible cultural heritage. This means the identification, documentation, transmission, revitalization and promotion of cultural heritage. 

To learn more about the UNESCO sense of protection of intangible cultural heritage read: The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage

Intellectual Property

In an intellectual property sense, “protection” refers to legal protection against unauthorized copying, adaptation and use of TK and TCEs by companies and individuals who are not part of the source communities and have not been given consent by the community for use of the respective TK and TCEs.

Cultural intellectual property rights®️ (CIPR) are a proposal for a new generation of rights related to Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs). They recognise guardians and custodians of TK and TCEs and offer legal protection against misappropriation and misuse for an indefinite period of time.

With relevance to the fashion and textile industry, CIPR are designed to protect the intellectual work of artisans, craftsmen and craftswomen, and to offer a form of compensation for their contribution to the survival of cultural heritage by transmitting traditional designs, traditional techniques, and traditional cultural expressions from generation to generation.

Existing intellectual property laws do not offer a globally recognised tool for this kind of legal protection so the term “cultural intellectual property rights” was introduced by Monica Boța-Moisin (2017) and the Cultural Intellectual Property Rights Initiative® (CIPRI). The aim of promoting Cultural Intellectual Property Rights is for international law to change to ensure custodians of  Traditional Knowledge (TK) are treated with fairness and equity and Traditional Cultural Expressions (TCEs) are not commercially exploited to the detriment of the source communities. 

Learn more at: www.culturalintellectualproperty.com 

No, the laws in Lao PDR do not expressly provide protection for Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs). 

The Lao Law on National Heritage defines cultural heritage in intangible items as “intangible heritage which is of high outstanding value from a cultural point of view, such as: local innovation, knowledge, public philosophies, beliefs, fine traditions which are expressed in livelihood practices, social behaviour, languages, alphabets, numbers, scripts , legends, novels, proverbs, poems, traditional music, traditional dances, songs, melodies, folk songs, formulas of traditional medicine and others which are inherited from generation to generation” but does not mention what happens when such intangible heritage is used without the consent, acknowledgement or compensation of the source community or ethnic group.

TAEC continues to advocate for artisans in Laos. View the activity timeline here.

The 3Cs’ Rule: Consent. Credit. Compensation© is a tool for developing, maintaining and sustaining collaborative relationships with Indigenous people and local communities.

Developed by the Cultural Intellectual Property Rights Initiative®, the 3Cs’ Rule guides best practices for drawing inspiration from cultural heritage. Using this framework, fashion and textile industry stakeholders have the guarantee that inspiration will not turn into appropriation.

Consent: Obtain the Free, Prior and Informed Consent of the craftsperson or community
Credit: Acknowledge the source community and inspiration
Compensation: Engage in benefit-sharing, which can be monetary or non-monetary

If you are interested in implementing the 3Cs’ Rule by the Cultural Intellectual Property Rights Initiative® for your community, you can reach out to CIPRI and TAEC for support.

Learn More: How can the fashion industry treat Indigenous people and craft communities with fairness and equity? (September, 2020)

 

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