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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