The board of ICOM Norway discussed the letter from Patrick Boylan in our meeting on March 20th and we agreed that it would be much easier to take a stand and give comments when there is a draft text to use as a starting point. Since we know that nobody would be better qualified to write such a text than Patrick himself, we "play the ball back" and ask if Patrick (or someone else) would be willing to write a text that could be used as a basis for discussion.
Sincerely,
Leif Pareli
Secretary, ICOM Norway
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Fra: International Council of Museums Discussion List [mailto:[log in to unmask]] På vegne av Patrick Boylan
Sendt: 15. mars 2007 19:07
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Emne: Urgent - ICOM Consultation from WIPO on protecting indigenous and traditional rights and knowledge
Dear Colleagues,
The World Intellectual Property Organisation (WIPO) has asked ICOM to
submit:
BY 31ST MARCH
its views and advice on key issues relating to the current WIPO study on a possible new international treaty regulating the intellectual property rights relating to traditional cultural expressions and folklore, and indigenous knowledge.
Both categories are widely considered to be at serious risk of unfair commercial and other exploitation, e.g. by copying, reproduction, commercial music recording, filming etc. in the case of cultural traditions, or by the use of traditional knowledge, genetic materials etc.
by the pharmaceutical or food industries etc.
WIPO's special Committee that is studying this matter has asked for ICOM's views on 20 specific questions - as listed below - and the President has asked the Legal Affairs Committee to coordinate our views and submit a summary to WIPO.
If you have any views please reply to me by e-mail as soon as possible in time for me to reply by 31st March.
It would be a great help if you referred to the specific questions by their side number as below.
Many thanks,
Patrick Boylan
(Chairperson, ICOM Legal Affairs Committee)
----------------------------
Traditional Cultural Expressions/Expressions of Folklore Issues
1. Definition of traditional cultural expressions (TCEs)/expressions of folklore (EoF) that should be protected?
2. Who should benefit from any such protection or who hold the rights to protectable TCEs/EoF?
3, What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
4. What forms of behaviour in relation to the protectable TCEs/EoF should be considered unacceptable/illegal?
5. Should there be any exceptions or limitations to rights attaching to protectable TCEs/EoF?
6. For how long should protection be accorded?
7. To what extent do existing Intellectual Property Rights already afford protection? What gaps need to be filled?
8. What sanctions or penalties should apply to behaviour or acts considered to unacceptable/illegal?
9. Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
10. How should foreign rights holders/beneficiaries be treated?
------------------------------
"Traditional Knowledge" issues
11. Definition of traditional knowledge that should be protected?
12. Who should benefit from any such protection or who hold the rights to protectable traditional knowledge?
13. What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
14. What forms of behaviour in relation to the protectable traditional knowledge should be considered unacceptable/illegal?
15. Should there be any exceptions or limitations to rights attaching to protectable traditional knowledge?
16. For how long should protection be accorded?
17. To what extent do existing Intellectual Property Rights already afford protection? What gaps need to be filled?
18. What sanctions or penalties should apply to behaviour or acts considered to be unacceptable/illegal?
19. Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
20. How should foreign rights holders/beneficiaries be treated?
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