Copyright Together With Traditional Knowledge

popped inwards to the Birkbeck/AHRB Copyright Network workshop on the Protection of Traditional Knowledge together with Culture today.

He caught 2 contrasting papers:

*Jo Gibson of QMIPRI spoke on “Community together with the Exhaustion of Culture: Creative Territories inwards Traditional Cultural Expressions”. Her presentation really much focused on the differences betwixt the requirements of communities who desire their cultural expressions protected together with the traditional IP system. Influenza A virus subtype H5N1 item shout out for she made was that sure as shooting cultural expressions are “inimitable” because to reproduce them tin homecoming them inappropriate together with exhaust their value to the community from which they originate. isn’t happy amongst this idea. One of the key premises of our IP organisation is that, inwards the long run, IP protection (particularly copyright) allows socially useful ideas to hold out shared. However, this persuasion of “exhaustion” of civilization rests on the ideas that are protected beingness restricted to i grouping of people inwards perpetuity. While at that spot may hold out a natural rights declaration for protecting traditional cognition from uncompensated 3rd political party exploitation, it strikes the IPKat that the protection beingness asked for is far to a greater extent than stringent than traditional IP. reckons that a marker of compromise betwixt the needs of traditional knowledge-holders together with traditional IP is necessary.

*Daphne Zografos spoke close how the existing IP organisation tin hold out used inwards lodge to protect traditional cultural expressions. Taking equally her illustration Swiss efforts to protect the carnival masks of Lötschental, she explained how bilateral together with fifty-fifty TRIPs protection of geographical indications tin hold out used to protect traditional cultural expression. The refer of the part where the appear originates tin hold out registered equally a geographical indication for diverse types of handicraft. notes, equally Daphne did, that this course of pedagogy of protection solely goes then far. It volition solely protect the “label” of the part that the appear comes from simply won’t protect the appear itself.

Merpel says, “IPKat, it’s fourth dimension to larn that facelift y'all were thinking about.”

is seriously thinking of writing an article on this subject. Any perspectives/comments would hold out welcome.