Terms of Use
TRADITIONAL DESIGN DATABASE
By accessing the ______ Traditional Design Database© (year of publication 2021) (the Database), the User agrees to be bound by these Terms of Use.
Definitions
“______ Traditional Design Database©” or “the Database” refers to a unique collection of visual imagery depicting textile Traditional Cultural Expressions (TCEs) of the ______ People of ______ in ______ and knowledge relating to the methods of textile creation, the scope and uses of each item of dress, and the symbolism and significance of the motifs appearing on ______ items of dress. This knowledge is passed on by the ______ People from generation to generation and has not been documented digitally before. The Database was compiled as part of the project “Securing Cultural Intellectual Property Rights for the ______ of ______ – Traditional Design Digital Library“.
“Template” refers to the original structure of the Database consisting of two public pages and four private pages. The Template can be licensed by any Indigenous or local community, tribe or ethnic group interested in protecting and promoting their TK and TCEs (for details on how to license the Template and the process of creating a personalised Database for Traditional Designs see The Database Template Section below).
“User” refers to any person accessing the Database.
The role and objectives of the Database
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.
The Database was developed with the Free, Prior, Informed Consent of the ______ of ______ in ______ and represents a first step towards officially securing cultural intellectual property rights® for the ______ in ______. Because of its original selection and arrangement of the content, this Database is protected by Copyright under the Berne Convention (see the Rights Page for more information).
The Database functions as a knowledge center for ______ TCEs and associated TK and has the following objectives:
- 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:
- A unique repository of ______ TCEs and TK proving ______ custodianship of their textile TCEs.
- The basis for creating benefit-sharing collaboration models between the ______ ethnic group of ______ in ______ and third parties.
- A research resource for educational institutions, educators and students, and a source of inspiration for other creators and innovators.
The Traditional Design Database of the ______ of ______ is designed as a regulated platform by which the ______ can grant access to particular TCEs and associated knowledge to third-party users under certain conditions which include Free Prior Informed Consent (FPIC) and fair access and benefit sharing (ABS) mechanisms.
Access to the Content of the Database
The Traditional Arts and Ethnology Centre acts as a legal representative of the ______ ethnic group of ______ in ______ regarding access to the Content of the Database.
TAEC Laos can grant access to the Database Content to Individual Users or Teams (groups of people affiliated with an institution or organisation) based on an expression of interest of the applicant in collaborating with the ______ of ______ in ______, for either commercial or educational purposes. The Traditional Arts and Ethnology Centre will communicate this expression of interest to the ______ and after acquiring their consent for the desired collaboration access will be granted on a case-by-case basis.
To submit your expression of interest please fill out this form.
Public and Private Database Pages
Two of the six sections of the Database are publicly available (namely the Homepage and the Rights Page). Access to the Private Database Pages will be granted based on an expression of interest in collaborating with the ______ of ______ in ______, for either commercial or educational purposes, and requires the respect of the 3Cs’ Rule: Consent. Credit. Compensation© (for details on how to ask for and gain access to the Private Database Pages see Section Access to the Content of the Database above).
Under no circumstances may the public content made available through the Database be sold or licensed by the User in any way without the permission of the Traditional Arts and Ethnology Centre.
The Traditional Arts and Ethnology Centre reserves the right to intervene and block access to the Database in case of abusive use.
The Database Template
The Traditional Arts and Ethnology Centre can license the Database Template, based on a royalty free and non-exclusive license agreement, to any Indigenous or local community, tribe or ethnic group interested in protecting and promoting their TK and TCEs, or advocacy group, organisation or initiative wishing to support such an effort. For the latter category (advocacy groups & initiatives), legal representation of the community will be necessary. The Cultural Intellectual Property Rights Initiative® in partnership with the Traditional Arts and Ethnology Centre can facilitate this process on a case-by-case basis.
Creating a personalised Database like the one of the ______ requires cross-disciplinary expertise, dedicated training on legal protection mechanisms, ethnographic research tools, and technical guidance for populating the database. Preliminary consultations amongst all relevant actors from the community interested in developing their own Traditional Design Database are compulsory as part of the Free, Prior, Informed Consent (FPIC) process.
Traditional Arts and Ethnology Centre in partnership with the Cultural Intellectual Property Rights Initiative® commit to support communities and their representatives in facilitating these processes and implementing this solution.
If you are interested in initiating this process with your community please fill in this form.
Intellectual Property
The User does not have the right to use copyrighted material available on the Public Database Pages unless specifically authorized by the Traditional Arts and Ethnology Centre after having sent a written request to ipadvocates@taeclaos.org.
Use of the logos of the Traditional Arts and Ethnology Centre, Voice Global, the Cultural Intellectual Property Rights Initiative®, the 3Cs’ Rule: Consent. Credit. Compensation©, is not authorized without the explicit consent of their copyright holders.
The User recognizes that the Database, the particular form of compiling data and the presentation and design of the Database are protected by applicable IP laws.
The third-party software used as a technical framework for the Database, namely WordPress, Hello Elementor theme, and several WordPress plug-ins, are subject to copyright by their respective authors.
Modifications of the Terms of Use
The Traditional Arts and Ethnology Centre may modify these Terms of Use at any time at its sole discretion. Unless stated otherwise, amendments shall take effect immediately following posting of the new Terms of Use.
Settlement of Disputes
Any dispute between the Traditional Arts and Ethnology Centre and the User arising out of or relating to these Terms of Use that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.
