Key Questions for the Protection of Traditional Knowledge and Traditional Cultural Expressions
[ Last Updated 13 February 2007 ]
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 IPRs 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
1. Definition of traditional knowledge that should be protected.
2. Who should benefit from any such protection or who hold the rights to protectable traditional knowledge?
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 traditional knowledge should be considered unacceptable/illegal?
5. Should there be any exceptions or limitations to rights attaching to protectable traditional knowledge?
6. For how long should protection be accorded?
7. To what extent do existing IPRs 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?
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