Rights
TRADITIONAL DESIGN DATABASE
The visual imagery in this collection depicts textile Traditional Cultural Expressions of the ______ People of ______ in ______, together with information relating to the methods of textile creation, the scope and uses of each item of dress, and the symbolism and significance associated with the handmade motifs.
This information is passed on by the ______ People from generation to generation and has not been documented in such manner before. Digitizing this information is an act of cultural sustainability and an act of preserving cultural diversity.
This was compiled as part of “Securing Cultural Intellectual Property Rights for the ______ of ______ – Traditional Design Digital Library“, a cultural intellectual property rights advocacy project providing a tool for Indigenous Peoples, local communities, tribes, and ethnic groups who are interested in protecting and promoting their Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs).
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Why is this tool important?What is Traditional Knowledge (TK)?
What are Traditional Cultural Expressions (TCEs)?
What are Cultural Intellectual Property Rights®?
Why a Database?
What are the objectives of this Database?
What is the Framework of the Database?
How can the content of the Database be used in other projects?
What are TK Labels?
Why is this tool important?
To date, there is no international legal framework that ensures legal protection for TK and TCEs and supports the custodians and guardians of TK and TCEs. The conventional intellectual property tools such as the copyright©, the trademark® or the geographical indication (GI) fall short of ensuring adequate protection for TK and TCEs.
In many countries, TK and TCEs are treated as being part of the public domain. This means that in these countries there is no protection for TK and TCE from use by others, including through commercial exploitation without the consent and compensation of the source communities.
Protecting TK and TCEs requires specialized solutions that take into account the cultural background, history, and customary rules of the beneficiary communities. Some countries around the world have adopted specific legislation in this area (sui-generis legislation) introducing provisions related to commercial exploitation of TK and TCEs by third parties or prevention of inappropriate, derogatory, or culturally and spiritually offensive uses.
What is Traditional Knowledge (TK)?
According to the World Intellectual Property Organization (WIPO), TK is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. TK includes knowledge, know-how, skills, innovations and practices that are passed between generations.
What are Traditional Cultural Expressions (TCEs)?
According to WIPO, TCEs are tangible and intangible forms in which TK and traditional culture is expressed, communicated or manifested.
Tangible TCEs include: jewelry, traditional garments, headpieces, pottery, textiles for interiors, wood carvings, musical instruments, forms of architecture. Intangible TCEs include: songs, dances, rituals, storytelling, food recipes, words, designs, names.
TCEs are constantly evolving, developing and being recreated within a community. They form part of the identity and heritage of Indigenous Peoples, local communities, tribes and ethnic groups, and are passed down from generation to generation.
What are Cultural Intellectual Property Rights®?
Cultural Intellectual Property Rights (CIPR) refer to a new type of rights related to TK and TCEs. This is a terminology proposed and promoted by the Cultural Intellectual Property Rights Initiative® to emphasize the need for a dedicated legal framework and to challenge the limits of the public domain. CIPR are meant to be recognised to Indigenous Peoples, local communities, tribes, and ethnic groups who act as guardians and custodians of TK and TCEs, and to offer legal protection against misappropriation and misuse for an indefinite period of time.
Why a Database?
Traditional designs are TCEs. Because there are no adequate legal tools for protecting TCEs, traditional designs are often copied and commercially exploited by third parties.
This Traditional Design Database (hereinafter referred to as the Database) represents a first step towards officially securing cultural intellectual property rights for the ______ ethnic group of ______ in ______. Because of its original selection and arrangement of the content, this Database is protected by Copyright under the Berne Convention.
Created together with the ______ ethnic group of ______ this Database is a tool through which the ______ communicate that they are custodians of their TK and TCEs and the only ones who can control the access to and use of their heritage.
What are the objectives of this Database?
The Database is developed to contribute to the welfare, sustainable development and cultural vitality of the ______ of ______.
It functions as a knowledge center for ______ TCEs and associated TK and it can contribute to the following:
- Prevention of false and misleading claims to authenticity and origin by third parties who fail to acknowledge the ______ as source community.
- Prevention and elimination of misappropriation and unauthorized exploitation, illicit use and abuse, as well as other unfair and inequitable uses of TCEs and TK associated with the ______ of ______.
- Generation of trading opportunities and sustainable economic development for the ______ of ______, including promotion of equitable benefit-sharing from the use of their TK and TCEs.
The Database has a triple function: it is a unique repository of ______ TCEs and TK, it is the basis for creating benefit-sharing collaboration models between the ______ ethnic group of ______ in ______ and third parties, and it is a source of inspiration for other creators and innovators.
This solution can be replicated by any Indigenous or local community, tribe or ethnic group interested in protecting and promoting their TK and TCEs.
For this purpose, the Traditional Arts and Ethnology Centre in Laos in partnership with the Cultural Intellectual Property Rights Initiative® commit to support communities and their representatives in implementing this solution. You can contact them here: ipadvocates@taeclaos.org and monicamoisin@culturalintellectualproperty.com
What is the Framework of the Database?
The Database is designed on the Framework of the 3Cs’ Rule: Consent. Credit. Compensation© – an extra-legal tool developed by The Cultural Intellectual Property Rights Initiative® to guide best practices for drawing inspiration from cultural heritage and engaging in culturally sustainable collaborations with Indigenous Peoples, local communities, tribes and ethnic groups.
The Database was developed with the Free Prior Informed Consent of the ______ ethnic group of ______ in ______, it is designed to ensure the continuity of ______ culture and represents an invitation to develop collaborations with the ______ ethnic group of ______ respecting the 3Cs (Consent, Credit, Compensation).
This Framework was used to ensure that the ______ ethnic group of ______ has control of their heritage, is part of discussions and negotiations, is credited for their textile designs, and can benefit from the use of their designs.
How can the content of the Database be used in other projects?
The use of the content of the Database must be done in a culturally sensitive and responsible way, subject to the 3Cs’ Rule: Consent. Credit. Compensation©.
In addition to standard archive metadata, including a unique identification format of each piece of content, all content is tagged with a set of Traditional Knowledge Labels (TK Labels) relating to attribution of authorship, cultural sensitivity, or indication of multiple communities having responsibilities of custodianship over the specific category of objects.
Acting as a trusted representative of the ______ ethnic group of ______ in ______, the Traditional Arts and Ethnology Centre of Laos is the point of contact for acquiring consent to use the database content and initiate collaborations with the ______ of ______.
What are TK Labels?
TK Labels are an extra-legal tool developed by Local Contexts to enable Indigenous communities to add existing local protocols for access and use to recorded cultural heritage that is digitally circulating outside community contexts, such as the collections of galleries, libraries, archives and museums.
