traditional cultural expressions (TCEs) and traditional knowledge (TK) are fundamental pillars of the identity and heritage of indigenous peoples and local communities. In a globalized world, where traditions are increasingly exposed in festivals, international media or social networks, Ensuring their protection from misappropriation is a crucial task.
What are traditional cultural expressions and traditional knowledge?
Traditional Cultural Expressions (ECT) They include manifestations such as dances, songs, crafts, ceremonies, stories or rituals transmitted from generation to generation. These form part of the cultural legacy of a community and are considered expressions of folklore.
While, the Traditional Knowledge (CC.TT.) They encompass traditional practices, skills and innovations, such as agricultural techniques, knowledge of medicinal plants, hunting, fishing and food preparation methods.
Both concepts constitute what UNESCO defines as “intangible cultural heritage": the uses, representations, expressions, knowledge and techniques – together with the instruments, objects, artifacts and cultural spaces inherent to them – that communities, groups and in some cases individuals recognize as an integral part of their cultural heritage.
Are traditional cultural expressions and traditional knowledge protected?
Conventional intellectual property systems consider traditional cultural expressions and traditional knowledge to be part of the public domain, unless they are secret or protected by special legislation.
On the international level, the CC.TT. and TCEs are not directly protected by intellectual property regulations, although there are some legal instruments that provide partial protection:
- WIPO Treaty on performance and phonograms (1996)
- Beijing Treaty on audiovisual performances and interpretations (2012)
- United Nations Declaration on the Rights of Indigenous Peoples of 2007 (as well as some national legislation), which grants them the right to maintain, control, protect and develop industrial property over their cultural heritage, traditional knowledge and traditional cultural heritage.
At the national and regional level, it is worth noting that some countries have adopted specific legislations which require authorization from the owner communities before using their traditional cultural expressions and traditional knowledge.
Challenges of TCEs and TK in cultural festivals
Folk, artistic and cultural festivals are spaces where traditional cultural expressions and traditional knowledge are exhibited and shared. These events represent economic and cultural opportunities, but also entail risks such as:
- Undue appropriation: unauthorized use of crafts, dances, sacred symbols or recordings.
- Falsification: production and sale of imitations of traditional objects.
- Commercial exploitation without consent: dissemination of images or videos of traditional ceremonies for profit.
How to protect traditional cultural expressions and traditional knowledge?
Although there is no uniform international legal framework, festival organisers and creators can implement good practices to safeguard these rights:
- Prior consent: establish the conditions relating to the use of the material in accordance with the values and needs of its owners (recognition, acceptance and respect for cultural values and interests)
- Recognition and attribution: ensure adequate credit to custodians of TCEs and CC.TT.
- Respect the sacred: refrain from recording, reproducing or commercializing rituals or symbols of special cultural importance without permission.
- Information notices: Include visible signs explaining restrictions on capturing images or recordings.
traditional cultural expressions and traditional knowledge They are more than simple artistic manifestation; are the essence of the identity of peoples and communitiesProtecting them means ensuring that their voices, stories and knowledge remain alive for future generations.
En elzaburu, we understand the importance of intellectual property as a key tool for Balancing cultural respect and economic development. The proper management of these rights is essential to build a future where the Cultural diversity is valued and protected.
Agustín Alguacil, Area Associate Legal from Elzaburu.
