For how long should protection be accorded?

International Publishers Association (IPA)

IPA supports the limitation in time of copyright in literary and artistic works. Any term of protection, with the exception of very important core moral rights, must be limited in time so as to ensure that works can re-enter the creative cycle after a certain period. Otherwise, the public domain as a source of inspiration would be unduly restricted. The same principle should apply to any framework for the protection of TCEs/EoF.

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China

We think that there should be no limit to the protection period of TCEs/EoF.

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Kyrgyzstan

The period of traditional cultural expressions (folklore) protection shall not be limited.

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United States of America

For the reasons set forth in our response to Issue five, the United States believes that it is premature for the IGC to undertake a focused discussion of the duration of possible rights with respect to TCEs/EoF. This question also appears to presume a particular outcome, which is not helpful in advancing the work of the Committee. There are many mechanisms available for the protection, preservation and promotion of TCEs/EoF. Some mechanisms that may preserve and maintain TCEs/EoF may be indefinite in length of time. On the other hand, many existing forms of intellectual property protection are time-limited such as copyright.

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Ghana

Folklore is to be protected in perpetuity.

However derivatives and extractions from the knowledge or secondary / related rights are to be protected in line with the term of protection of intellectual property rights such as patents copyright, etc.

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Brazil

Due to their specific characteristics, such as the difficulty to identify a specific author, TCEs/EoFs should deserve protection for as long as the symbolic features that originated the expression in question remain in the tradition of the community that holds it.

In this respect, the term of protection should only be related to the criteria for protection. Once a TCE/EoF meets these criteria, protection should be accorded without need for any further requirement – such as previous registration.

With these provisos in mind, the draft provision laid down in Article 6 of the Annex to document WIPO/GRTKF/IC/10/4, transcribed below, represents adequate basis to discuss the issue:

“Protection of traditional cultural expressions/expressions of folklore should endure for as long as the traditional cultural expressions/expressions of folklore continue to meet the criteria for protection under Article 1 of these provisions, and

(i) in so far as TCEs/EoF referred to in Article 3 (a) are concerned, their protection under that sub-article shall endure for so long as they remain registered or notified as referred to in Article 7; and

(ii) in so far as secret TCEs/EoF are concerned, their protection as such shall endure for so long as they remain secret.”

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Japan

As mentioned in the above item 3, any justifiable reasons why IP right protection should be extended to TCEs/EoF are not clearly explained. In this respect, Japan has a serious concern. Japan is not in a position to enter into discussion on term of protection, but when discussing the term of protection of an IP right, consideration should be given to the balance between the interests of right holders and public interests although such balance may vary by the form of protection and the scope of illegal acts.

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Norway

Protection should be provided for as long as the criteria for protection are fulfilled, and thus not necessarily be limited in time.

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Qatar

To be discussed in the light of that the TK archive which holding the materials acting as the competent authority and could take the responsibility of granting proper use of TKs.

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South Africa

South Africa supports the notion that indigenous knowledge, traditional cultural expressions and genetic resources be protected in perpetuity. The need to protect IK is quite obvious that they mean ‘protection’ in the sense of safeguarding the continued existence and development of IK. As repeatedly pointed out by South Africa, this necessarily implies protecting the whole social, economic, cultural and spiritual context of that knowledge, something which simply is not possible to achieve within a confined period of time. Hence, we are proposing for an instrument that protects the holistic, inalienable, collective, and perpetual nature of Indigenous Knowledge Systems for purposes far more expansive than economic benefits.

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Russian Association of Indigenous Peoples of the North (RAIPON)

These rules should not be limited in time. Only a creative group or author, which has created a traditional cultural expression and performed it to the public, may limit the term of protection.

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Colombia

Limiting the length of the term of protection to the existence of registration or notification limits the scope of the instrument, contradicts the established objectives and principles, and makes more difficult the defense of rights which, owing to their nature, must not be subject to prescription, particularly in the case of indigenous peoples whose law of origin or specific right is one, whole and permanent.

It is not acceptable to limit the right to protection for TCEs/EoF in terms of time, given the specific characteristics of such expressions. It should also be recalled that expressions of folklore must be protected for as long as they are expressed, appear or are manifested by the community, without distinguishing between registered or unregistered and secret expressions of folklore.

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Federación Ibero-Latinoamericana de Artistas, Intérpretes y Ejecutantes (FILAIE)

Protection must be granted for an indefinite period owing to the specific nature of the traditional cultural expression which has been created and/or modified through successive generations. This successive generational path cannot be interrupted since it would affect the very essence of traditional culture, and any provision covering the public domain of traditional cultural expressions, albeit through an underlying payment, should be rejected.

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Tunisia

The term of protection must be unlimited.

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Guatemala

Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions (WIPO/GRTKF/IC/2).

In no case may protection be interpreted so as to obstruct the normal use and development of expressions of folklore.

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Russian Federation

It seems that the period of protection in respect of the works of folk arts can not be defined.