1 IFFRO INTERNATIONAL SEMINAR ON “KNOWLEDGE ECONOMY FOSTERING CREATIVE INDUSTRIES” AUCKLAND, 3 NOV 2006 Traditional Knowledge – Values of Traditional Cultural Expressions and Protection in the Asia-Pacific Region S Tiwari, APEC IPEG Chair

2 The Terms Used - Knowledge Economy Knowledge Economy - meaning national wealth will come increasingly out of intellectual activity. - national income will increase fastest in knowledge industries. - a unit increase in resources to the knowledge industries will generate the greatest increase in National Income relative to other industries.

3 The Terms Used - Knowledge Economy Advent of Knowledge Economy. Wealth of nations will lie in knowledge which their people hold. Accordingly, value and protection of traditional knowledge (which includes traditional cultural expressions of folklore) is an important issue.

4 The Terms Used - Traditional Knowledge (1) No internationally accepted definition. In a general sense, “traditional knowledge” (TK) covers the content of knowledge in general as well as traditional cultural expressions (TCE)/expressions of folklore.

5 The Terms Used - Traditional Knowledge (2) In a strict sense, TK refers to “content or substance of traditional know-how, skills, practices and learning”. (WIPO Document)

6 The Terms Used - Traditional Knowledge (3) Another perspective of TK: “…information that people in a given community, based on experience and adaptation to a local culture and environment, have developed over time, and continue to develop. This knowledge is used to sustain the community and its culture…”(TK&IP, Hansen & VanFleet) (emphasis added )

7 The Terms Used - Traditional Knowledge (4) Note the words emphasized. - Traditional cultural expressions/Folklore are part of TK. - Use of “traditional” in describing the knowledge means that it is “tradition based”; not that it is old.

8 The Terms Used - Traditional Knowledge (5) TK is collective in nature; generally considered the property of the entire community; not of a single person. Generally maintained and transmitted orally through elders or specialists - But consider the Ayurvedic texts in India on medical treatment

9 The Terms Used - TCE/Folklore Traditional Cultural Expressions (TCEs) are used interchangeably with Expressions of Folklore (ECF) or Folklore. What are TCEs or Folklore? - tradition-based creations of a community; - expressed by a group or individuals ; - transmitted orally, by imitation or by other means.

10 TCEs/Folklore - Forms Among others, the forms are: literature (folk tales, folk poetry and riddles), musical expressions (folk songs and instrumental music), dances, games, folk art (drawings paintings, carvings, sculpture, pottery, terracotts, woodwork) mythology, rituals, customs, handicrafts, architecture and other arts.

11 TCEs/Folklore – Values (1) Are a source of inspiration and creativity for cultural industries, such as the entertainment, fashion, publishing, crafts and designs industries. Can thus contribute towards the economic development of traditional communities by the establishment of community enterprises, job creation, tourism, etc.

12 TCEs/Folklore – Values (2) IP or a sui generis form of protection can play a role in relation to value creation from TKC/Folklore. By providing legal protection for tradition-based creativity, it can enable communities and their members to commercialize their traditional creations.

13 TCEs/Folklore - Misappropriation If traditional communities do not take steps to benefit from TKC/Folklore, others will. By early 1970s, Aboriginal art was being misappropriated for T-shirts, clothing fabric, beer cans, postcards etc.

14 TCEs/Folklore – International Efforts at Protection Developments at international level : amendment of Berne Conv; protection of unpublished and anonymous works : Tunis Model Law; sui generis protection : WIPO-UN-UNESCO Model Provisions : WPPT; protection for performer of folklore : Phuket Forum : WIPO Inter Comm on IP and Genetic Resources, TK and Folklore established

15 TCEs/Folklore – Domestic Efforts at Protection (1) Challenge of sorting out what is meant by “protection”. Needs may be more appropriately addressed by preservation and safeguarding rather than IP protection.

16 TCEs/Folklore – Domestic Efforts at Protection (2) The Experience of Australia - concern about pirating of Aboriginal culture - hope that agreement will be reached on international instrument - Assistance from courts: Bulun Bulun v R & T Textiles

17 TCEs/Folklore – Domestic Efforts at Protection (3) Pacific Countries UNESCO/General Secretariat of the Pacific Community Symposium on the Protection of Traditional Knowledge and Expressions of Traditional and Popular Indigenous Cultures in the Pacific Islands, Noumea, February 1999

18 TCEs/Folklore – Domestic Efforts at Protection (4) Symposium brought together representatives of 21 States and territories of the South Pacific region and 9 observers representing IGOs and NGOs of the region. It took stock of the different aspects of the protection of traditional knowledge and expressions of popular indigenous cultures in the Pacific Islands, and adopted a Final Declaration.Final Declaration

19 TCEs/Folklore – Domestic Efforts at Protection (5) Pacific countries not ready to commodify culture”, says PNG Expert (22 Oct 2006) Canada - Copyright - Limits

20 The End