IPTango: UNESCO

Showing posts with label UNESCO. Show all posts

Saturday, 3 March 2018

Enredados is here! a newtwork for all IP and ICH issues

Patricia Covarrubia March 03, 2018 No comments:

Celebrating the formal launch of 'Enredados' I am proud to invite you to an event taken place in London, Wednesday 28 March, 2018 (book here, free of charge). The event has two sessions under the name 'Copyrighting, Tradition and the Flight of the Condor':

1.- A talk by Prof Valdimar Tr. Hafstein from the Department of Folklore, Ethnology, and Museum Studies, University of Iceland. He is the author of a number of articles and books on intangible heritage, cultural property, international heritage politics, folklore, and copyright in traditional knowledge. He is the former president of the International Society for Ethnology and Folklore (SIEF) and former chair of the Icelandic Commission for UNESCO.

2.- A preview of a film lead by Prof Valdimar.

This event will celebrate the formal launch of Enredados, an online network of policymakers, academics and practitioners in the fields of IP and ICH established to encourage debate on the following issues:
•the intersections between IP and ICH-related policy;
•the relationship between IP and ICH safeguarding; and
•how IP protection might be used as a tool for safeguarding ICH

Enredados coordinators and event organisers:
•Charlotte Waelde (Professor of Intellectual Property Law,
Coventry University)
•Harriet Deacon (Visiting Research Fellow at the Centre for Dance Research, Coventry University)
•Patricia Covarrubia (Senior Lecturer in Law at the University of Buckingham and IP consultant at Latin America IPR SMEs Helpdesk).

For more info in the network, happy to answer any questions via e-mail.

Food for thought

Patricia Covarrubia December 11, 2017 No comments:

Last month we advertised a conference i.e. Heritage Across Borders. This was now extended to 31st of December, 2017.

Under the session Tangible and Intangible and under the title: 'Intellectual Property and the Protection of Intangible Cultural Heritage: Emerging Themes and Challenges in Transboundary and Diaspora Contexts' I submitted a proposal that may be of interest to you [and I definitely will need your help with this paper]. In this proposal I am linking Intangible Heritage, Intellectual Property and Latin America.

You perhaps have heard that back in 2009, UNESCO supported the project to safeguard the intangible cultural heritage of the ‘Aymara’ communities of Bolivia, Chile and Peru. This was to be a 5 year project and I have not heard much about how did it go i.e. has this improved Aymara’s TK?
The Decision of the Intergovernmental Committee 4.COM 15B here, aimed to identify and prepare a catalogue of the Aymara’s TK [excited to read this catalogue (anyone?)]; it also involved to promote and disseminate Aymara’s oral and musical expressions, and moreover to support TK on the production of textile arts.

Here you have then an idea of what a proposal looks like or at least starts as…just put your minds to work and hopefully I will see you in China.

Original post here.

Heritage Across Borders

Patricia Covarrubia November 14, 2017 No comments:

The above conference has been advertised by the UK Society of Legal Scholars (SLS) as well as other forums.

I would like to further up upon this since I am co-ordinating three sub-sessions in this exciting Conference taking place in China. They are under the session Tangible and Intangible. The invitation is as follow:

Intellectual Property and the Protection of Intangible Cultural Heritage: Emerging Themes and Challenges in Transboundary and Diaspora Contexts
Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage (ICH) and its parallel concepts such as traditional knowledge (TK) and traditional cultural expressions (TCEs) have been increasingly important subjects of debate in several other international forums, such as WIPO, CBD (including its Nagoya Protocol), WHO, and the WTO. As more countries implement the Convention, national policy-makers and communities of practice have been exploring the use of intellectual property (IP) protection to achieve ICH safeguarding outcomes (as well as other political and economic goals). For example, inscription of ways to make food and craft products on the Lists of the Convention is often associated with efforts to register geographical indications to protect use of the names of those products.

The intersection between ICH safeguarding and IP protection raises questions about the nature of ownership or stewardship over ICH, the appropriate nature of any kind of IP protection, and its likely effects. Many of these issues have been discussed in the context of the WIPO Intergovernmental Committee on Genetic Resources, TK and TCEs, but there has been relatively little debate about protecting IP rights in transboundary heritage, especially concerning safeguarding under the UNESCO Convention. Much ICH is shared (and contested) across national borders, and can easily be translated to and practised in new locations, which poses challenges for protecting IP rights, especially in the absence of widely-ratified international agreements.

This session will consider various strategies (legislative or otherwise) to establish and/or protect IP rights over ICH in transboundary and diaspora contexts, and how they might affect efforts to maintain practice and transmission (safeguarding) of that ICH. Session papers may present case studies of IP protection regarding transboundary ICH, and/or the role of measures such as provisions for mutual recognition and national treatment, IP chapters in international, regional or bilateral trade agreements, contractual agreements under the Nagoya Protocol, and ethical guidelines and dispute resolution mechanisms. Papers may include references to all forms of intellectual property, including patents, copyright, design rights, trademarks (certification marks and collective marks), geographical indications, and sui generis rights.

The session will involve a triple session (two speaker sessions and one panel session). The speaker’s session will consist of 4 people each, and the panel session (single session) will consist of 8 speakers with a special focus on food heritage and IP protection.

Deadline for submissions: Thursday 30 November 2017

Let me know if you need more information. You can communicate to me informally about any project you feel will be suitable to the conference (or anything else – IP related of course :0).

More information here.

Protecting collective intellectual property: the case of the Mayan women

Patricia Covarrubia March 21, 2017 1 comment:

No Latin American community is oblivious to the concept of dispossession. For centuries the indigenous communities have had to fight to preserve their traditions and protect them from a system determined to annul them. The struggle to maintain their identity has been carried out in various battlefields: in cornfields against sugarcane plantations, oral tradition against the imposition of Spanish, resistance to tyrants such as Ríos Montt, who was the first ex-president to be convicted of genocide by a court in his own country.

Now the Mayan weavers present a new battle for the right of communities to be recognized as ‘collective’ authors of their artistic creations. The National Mayan Weavers Movement has proposed a legal strategy (through Ley N. 5247) to protect its legacy and ensure that the intellectual property of indigenous peoples is recognized. While the idea is first to protect the güipiles (distinctive clothing of the Mayas), the reform is expected to benefit more art crafts.

The güipiles:

The production of this indigenous craft carries long hours of manual labour as well as considerable level of skill. Linking the strands of vibrant colours is an intimate and spiritual process. In the fabric is embodied the ‘cosmovision’ of an ancestral community. It is an account of unhappiness, faith and cultural grandeur that represents the core of Mayan idiosyncrasy closely linked to its land, which is sacred.

The bill
It has been formally accepted, it must now go through Congress . It seeks to reform the articles of 4 legislations and deals with the following topics:

To recognise indigenous peoples as authors. At the moment only natural or legal persons are granted this right (art 5 Ley de derechos de autor y derechos conexos); if the work is in the public domain the owner of the said work cannot oppose the use of it by third parties who produce different versions (art 12 Ley de derechos de autor y derechos conexos); there must be a civil association legally constituted without political or religious activities to be able to enjoy protection for their IP (art 113 Ley de derechos de autor y derechos conexos); ban on the export of cultural goods (art 11 Ley de Protección y Desarrollo Artesano); to produce a list of acts that constitute a violation of copyright (art 274 Código Penal de Guatemala); among others.

This initiative would put an end to the need to make artistic ‘individual’ creations and thus, allowing communities’ creations too (Guatemala as member of the United Nations voted in favour of the Declaration on the Rights of Indigenous Peoples (UNDRIP)– the Declaration addresses both individual and collective rights). The Bill would also provide protection against third-party industrialization and safeguarding the sacred knowledge (fulfilling UNESCO’s aims i.e. to safeguard intangible cultural heritage).

In the long history of racism by the Guatemalan state, it is promising to find this group of women, who have rejected the use of national or foreign intermediaries. Mayan weavers do not need anyone to use their own voice and are defending what is theirs, both because of the millennial heritage and the product of their creativity and work.

This initiative echoes other sui generis efforts such as that of Mexican gum producers who jealously protect the Mayan jungle while exporting tons of organic and biodegradable chewing gum to 26 European countries through the Chicza brand. It represents about 1,500 Mayan producers in south-eastern Mexico.

We may be on the threshold of a new stage in the management of IP in Latin America, one where the identity of our peoples is recognized rather than forced into a model in which they have no place. The struggle of the Mayan weavers is a celebration of our community culture.

Written by Claudia Fernandez Padilla (edited by Patricia Covarrubia), LLM candidate in Intellectual Property Law, Brunel University, UK.

Intangible Cultural Heritage: more than IPRs

Patricia Covarrubia November 29, 2011 No comments:

The last couple of days members of the Intergovernmental Committee for the Safeguarding of Intangible Heritage - UNESCO, has been discussing in Bali, Indonesia, some items to be admitted on the Representative list of the Intangible Cultural Heritage of Humanity. It is announced that 19 new elements have been added to the list this year.

UNESCO’s refers to Intangible Cultural Heritage as to be “practices and expressions transmitted from generation to generation such as oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe or traditional craftsmanship.”

Some of the items for inclusion and successfully added were (I will refer only to Latin America applicants):
Colombia’s traditional knowledge
Traditional knowledge of the jaguar shamans of Yuruparí: “The jaguar shamans of Yuruparí are the common heritage of the many ethnic groups living along the Pirá Paraná River in southeastern Colombia. Using traditional knowledge and ritual practices, the shamans heal, prevent sickness and revitalize nature. During the Hee Biki ritual, male children learn the traditional guidelines for these practices as a part of their passage into adulthood. It is believed that shamans inherited their traditional knowledge from the all-powerful, mythical Yuruparí, an anaconda who lived as a human and is embodied in sacred trumpets.”

Mexico’s music
Mariachi, string music, song and trumpet: “Mariachi is a traditional music and fundamental element of Mexican culture, transmitting values, heritage, history and different Indian languages. Traditional Mariachi ensembles include trumpets, violins, the vihuela and “guitarrón'' (bass guitar), and may have four or more musicians who wear regional costumes adapted from the charro costume. Modern Mariachi music includes a wide repertoire of songs from different regions of the country and musical genres. Musicians learn by ear from father to son and through performances at festive, religious and civil events.”

Peru’s pilgrimage
pilgrimage to the sanctuary of the Lord of Qoyllurit’i : “The Pilgrimage to the sanctuary of the Lord of Qoyllurit’i begins 58 days after Easter when people representing eight indigenous villages from around Cusco, Peru travel to the Sinakara sanctuary. This religious event plays itself out over 24 hours as people process up and down the mountain ending in the village of Tayancani at sunrise. Dances play a central role in the pilgrimage. The Council of Pilgrim Nations and the Brotherhood of the Lord of Qoyllurit’i oversee activities and maintain the rules and codes of behaviour.”

On the List of Intangible Heritage in Need of Urgent Safeguarding:
Peru’s sung prayers
Eshuva, Harákmbut sung prayers of Peru’s Huachipaire people: The Huachipaire are an indigenous ethnic group speaking the Harákmbut language and living in Peru’s southern Amazon tropical forest. The Eshuva or sung prayer is an expression of Huachipaire religious myths, performed for healing or as part of traditional ceremonies. According to oral tradition, the Eshuva songs were learned directly from the forest’s animals, and are sung to summon nature spirits to help to alleviate illness or discomfort or promote well-being. Performed without musical instruments Eshuva songs are sung only in the Harákmbut language.

Brazil’s ritual
Yaokwa, the Enawene Nawe people’s ritual for the maintenance of social and cosmic order: “The Enawene Nawe people living in the southern Amazon rainforest perform the Yaokwa ritual each year during the seven-month dry season to honour the Yakairiti spirits and ensure cosmic and social order. The different clans alternate responsibility: one embarks on fishing expeditions throughout the area while another prepares offerings of rock salt, fish and ritual food for the spirits, and performs music and dance. Yaokwa and the local biodiversity it celebrates represent an extremely delicate and fragile ecosystem whose continuity depends directly on its conservation.”

Also the Committee selected five new best safeguarding practices, 2 of which were from Brazil:call for projects of the national programme of intangible heritage; and
Fandango’s living museum.

Source UNESCO.
the compete List can be checked in here.

Can traditional cuisine be protected?

Patricia Covarrubia February 08, 2010 No comments:

The question of today’s blog comes after the president of Mexican Gastronomic Culture, Gloria Lopez Morales, said that Mexican cuisine should be declared as Intangible Cultural Heritage by UNESCO.

To this effect, last September a dossier was sent to UNESCO, in order to belong in the Representative List of Cultural Heritage. The result will be announced next April. According to Lopez Morales, the requirements to comply with are: to be a very old cuisine, to be faithful to the products, techniques and procedures used; to have the ability to serve it as an element of cultural identity; upon others.

Among the list of intangibles that have been recognised are: the Chinese Dragon Boat festival, Spain whistled language, French timber framing, the procession of the Holy Cross in Bruges, the Mexican Ritual Ceremony of the Voladores and...The Argentinean and Uruguayan tango!

There is clearly a push to protect endanger things due to effects of globalisation. For this reason, I was wondering the influence of this outcome towards IPRs and/or viceversa. Certainly, IP is the protection of an intangible right (that of intellect). Many of the Representative list if not all can (in one way or another) be protected under one or two IP, e.g. dance, singing, choreography, craftsmanship. However, in the area of food I could think of just one area: denominations of origin and geographical indication. Therefore, the question of this week is: can a traditional dish be protected under IP? And if so, under which regime?

Personal note: I presume that the French could claim that a dish is an artistic work, but while there is no requirement of fixation, can a temporal art be protected under let’s say, copyright? I am aware of cases here in the UK, and thus I would like to hear different legislations.

Other countries applying for traditional cuisine is France and Croatia.

Some IPTango moves

* Listed as one of the "Best blogs on Intellectual and Industrial Property Law". The University of Alicante Intellectual Property & Information Technology Project (UAIPIT).

* One of the only two Latin American blog listed in the "Top 100 Intellectual Property Blogs". Feedspot, as of May 2021.

* Listed as one of the "Top 15 Blogs For An Intellectual Property (IP) Enthusiasts". Buzzfeed.com, January 2017.

* Listed as one of the "World's Best IP Blogs". BananaIP.com, December 2015.

* IPTango founder Professor Jeremy Phillips was listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.

* Listed as one of the "Influential intellectual property blawgs". A Dictionary of Intellectual Property Law, Peter Groves, 2011.

* Listed as one of the "Communities of Blawgers". Los blogs jurídicos y la web 2.0. para la difusión y la enseñanza del derecho, Gonzalo Ramírez Cleves, 2010.