Managing Intellectual Property

News focus: Culture clash

01 October 2001

Established ideas about IP protection do not find room for traditional knowledge. Now some communities are agitating to protect their culture. Ingrid Hering reports

Traditional knowledge by its very nature is in the public domain. It is a product of what a community or group has amassed and is continually changing. Established concepts of intellectual property rights, which are grounded in individualism and notions of exclusivity and control, therefore challenge its protection and exploitation.

Indigenous culture, as defined by WIPO, consists of traditional knowledge, folk tales, poetry, riddles, music, dance, plays, artistic forms of rituals, drawings, carvings and pottery. For many years governments, community groups, cultural associations and global agencies have grappled with how to define this continually changing body of information in order to afford it the same rights and protection as other areas of knowledge.

Traditional communities are increasingly taking matters into their own hands, agitating for recognition and protection of their culture and reclaiming the related traditional rights of ownership and control.

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