The Intangible Cultural Heritage Convention: its first decade
14/16-06-2013Chengdu (China)
Chengdu International Conference on Intangible Cultural Heritage in Celebration of the Tenth Anniversary of UNESCO’s Convention for the Safeguarding of the Intangible Cultural Heritage
Chengdu, China, 14 to 16 June 2013
Practical information
The Conference will be held at the Shangri-La Hotel in Chengdu. It will take place in conjunction with the Fourth International Festival of Intangible Cultural Heritage in Chengdu. Languages of the Conference will be English, French and Chinese.
Ten years have passed since the adoption of the 2003 Convention, including seven years of actual implementation at the international level. This high-level conference will look back on that decade in order to reflect on the Convention’s function, role and value while also looking forward to its future. The aim is to reflect profoundly on the life of the 2003 Convention so far, providing a strategic opportunity to discuss the intentions of its framers, to identify its achievements thus far and to define priorities for the future.
Scientific and legal experts and States Parties officials who took part actively in the preparation of the 2003 Convention will participate in a series of plenary round-table panels seeking to look backward and forward at the same time, focussing particularly on the challenges facing the Convention today:
- Achievements of the Convention: changing the discourse of ICH and implanting new concepts
- Inventorying and listing
- Parallel universes: intellectual property, world heritage and cultural goods and services
- Safeguarding experiences in the States Parties
- Open questions and future directions
Working Documents
- Programme
ITH/13/EXP/1 Rev.: English|French|Chinese in preparation - Concept note: the Intangible Cultural Heritage Convention: its first decade
ITH/13/EXP/2: English|French|Chinese - Round-table 1: Achievements of the Convention: changing the discourse of intangible cultural heritage and implanting new concepts
ITH/13/EXP/3: English|French|Chinese - Round-table 2: Inventorying and listing
ITH/13/EXP/4: English|French|Chinese - Round-table 3: Parallel universes: intellectual property, world heritage and cultural goods and services
ITH/13/EXP/5 Rev.: English|French|Chinese - Round-table 4: Safeguarding experiences in the States Parties
ITH/13/EXP/6: English|French|Chinese - Round-table 5: Open questions and future directions
ITH/13/EXP/7: English|French|Chinese - Chengdu recommendations
ITH/13/EXP/8: English|French|Chinese
Information Documents
- List of documents
ITH/13/EXP/INF.1.1: English|French|Chinese in preparation - Practical information
ITH/13/EXP/INF.1.2: English|Chinese - List of participants
ITH/13/EXP/INF.1.3: English in preparation|French in preparation|Chinese in preparation
Do you want to learn more about the history of the 2003 Convention?
Please see the following meetings between 1973 and 2003 that led up to the Convention:
The Conference will be held under the patronage of the Chinese Ministry of Culture, Sichuan Provincial People’s Government, Chinese National Commission for UNESCO and UNESCO, and will be organized by the Chengdu Municipal People’s Government, China National Centre for Safeguarding Intangible Cultural Heritage, Sichuan Provincial Department of Culture, International Training Centre for Intangible Cultural Heritage in the Asia-Pacific Region (CRIHAP) and UNESCO Section for Intangible Cultural Heritage.
Contacts
- Beate Strøm
Section for Intangible Cultural Heritage, UNESCO
7, place du Fontenoy
75352 Paris 07, France
Tel: +33 (0)1 45 68 47 39
e-mail: b.strom@unesco.org
- Yuan Jie
International Training Center for Intangible Cultural Heritage in the Asia-Pacific Region under the Auspices of UNESCO (CRIHAP)
Jia 1 Huixin Beili, 100029 Chaoyang District, Beijing, P.R. China
Tel: +86-10-6496-6526 ; fax: +86-10-6496-9281
e-mail: benyuanjie@126.com
UNESCO. Executive Board; 165th session; 2002
07/17-10-2002Paris (France)
UNESCO. Executive Board; 164th session; 2002
21/30-05-2002Paris (France)
Documents
- Progress report on the preparation of an international convention for the safeguarding of the intangible cultural heritage
164 EX/19 + ADD.: English|French|Spanish|Russian|Chinese|Arabic - Study with a view to the establishment of consolidated administrative and financial procedures for the implementation of the project concerning the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity
164 EX/18: English|French|Spanish|Russian|Chinese|Arabic
Expert meeting on Women, Intangible Heritage and Development
25/27-06-2001Tehran (Iran (Islamic Republic of))
The International Expert Meeting, Women, Intangible Heritage and Development was held in Tehran on 25–27 June, 2001 and jointly organised by the Iranian National Commission for UNESCO and UNESCO Headquarters Intangible Heritage Section.
The purpose of the meeting was to provide an informal forum in which to evaluate the six regional feasibility studies undertaken on a decentralised basis by six UNESCO Offices representing their respective regions. They were Apia (Pacific), Accra (Africa), Beirut (Arab States), Mexico (Latin America), New Delhi (Asia), Tashkent (Central Asia). The studies, prepared on the basis of replies to questionnaires sent to all major specialised institutions within the Member States concerned, provided an overview of major research, institutions and issues relating to woman, intangible heritage and development, as well as recommendations for future directions and actions to be taken in this domain in each region.
- Regional Study in Africa, by Ms. Esi Sutherland-Addy (English)
- Regional Study in Arab States, by Ms. Annie Tohmé-Tabet (English)
- Regional Study in Asia, by Mr. Maitrayee Chaudhuri and Ms. Urvashi Chandra (English)
- Regional Study in Central Asia, by Marfua Tokhtakhodjaeva (English)
- Regional Study in Latin America, by Dora Cardaci (English)
- Regional Study in the Pacific, by Ms. Susanna Kelly and Mr. Lissant Bolton (English)
- Final report (English)
UNESCO. Executive Board; 160th session; 2000
09/25-10-2000Paris (France)
Documents
- Draft amendment to the Regulations relating to the proclamation by UNESCO of Masterpieces of the oral and intangible heritage of humanity
160 EX/16: English|French|Spanish|Russian|Chinese|Arabic - Prizes for the safeguarding, protection and promotion of cultural spaces or forms of cultural expression proclaimed by UNESCO: Masterpieces of the oral and intangible heritage of humanity
160 EX/15: English|French|Spanish|Russian|Chinese|Arabic
UNESCO. Executive Board; 157th session; 1999
05-10-1999/15-11-1999Paris (France)
International Symposium on the Role of Women in the Transmission of Intangible Cultural Heritage
27/30-09-1999Tehran (Iran (Islamic Republic of))
This Symposium was organised to implement the Draft Resolution approved by the 29th session of the General Conference of UNESCO in November 1997. That Resolution was presented by the Iranian authorities in response to their concern that the significance of women’s role in the transmission of intangible heritage has not been adequately recognised, and that it is necessary to bring the matter to the attention of the international community.
The Symposium provided a forum whereby further steps to be taken in the preservation, revitalisation and greater recognition of women’s significant role in relation to intangible cultural heritage could be constructively examined. As women are so often the principal transmitters of much intangible heritage in cultures worldwide, it is imperative that their role in reaching these objectives is a meaningful and central one.
Fourteen participants from twelve countries and eight participants from Iran attended the conference. The participants included practitioners, researchers and government officials. Several observers were also present.
The meeting was jointly organised and funded by UNESCO and the Iranian National Commission for UNESCO.
WIPO-UNESCO Regional Consultation on the Protection of Expressions of Folklore for Latin America and the Caribbean
14/16-06-1999Quito (Ecuador)
Documents
WIPO-UNESCO Regional Consultation on the Protection of Expressions of Folklore for Arab Countries
25/27-05-1999Tunis (Tunisia)
Documents
WIPO-UNESCO Regional Consultation on the Protection of Expressions of Folklore for Countries of Asia and the Pacific
21/23-04-1999Hanoi (Viet Nam)
Documents
WIPO-UNESCO African Regional Consultation on the Protection of Expressions of Folklore
23-03-1999Pretoria (South Africa)
Documents
UNESCO. Executive Board; 155th session; 1998
19-10-1998/06-11-1998Paris (France)
Documents
- Decisions adopted by the Executive Board at its 155th session, Paris, 19 October-5 November 1998; Tashkent, 6 November 1998
155 EX/Decisions + Appendix: English|French|Spanish|Russian|Chinese|Arabic - Report by the Director-General on the precise criteria for the selection of cultural spaces or forms of cultural expression that deserve to be proclaimed by UNESCO to be masterpieces of the oral and intangible heritage of humanity
155 EX/15 + ADD. & CORR.: English|French|Spanish|Russian|Chinese|Arabic
UNESCO. Executive Board; 154th session; 1998
27-04-1998/07-05-1998Paris (France)
Documents
- Decisions adopted by the Executive Board at its 154th session, Paris, 27 April-7 May 1998
154 EX/Decisions + Appendix + CORR.: English|French|Spanish|Russian|Chinese|Arabic - Proposal by the Director-General concerning the criteria for the selection of spaces or forms of popular and traditional cultural expression that deserve to be proclaimed by UNESCO to be masterpieces of the oral heritage of humanity
154 EX/13 + CORR.: English|French|Spanish|Russian|Chinese|Arabic
UNESCO. General Conference; 29th; 1997
21-10-1997/12-11-1997Paris (France)
Documents
- Records of the General Conference, 29th session, Paris, 21 October to 12 November 1997, v. 1: Resolutions
29 C/Resolutions + CORR.: English|French|Spanish|Russian|Chinese|Arabic - Records of the General Conference, twenty-ninth session, Paris, 21 October-12 November 1997, v. 2: Reports: Programme Commissions, Administrative Commission, Legal Committee
29 C/Reports: English|French|Spanish|Russian|Chinese|Arabic
UNESCO/WIPO World Forum on the Protection of Folklore, Phuket, Thailand, April 8 to 10, 1997
08/10-04-1997Phuket (Thailand)
In the 1970’s and 1980’s the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Intellectual Property Organization (WIPO) organized a series of meetings concerning the intellectual property protection of folklore, as a result of which the UNESCO-WIPO Committee of Governmental Experts on the Intellectual Property Aspects of the Protection of Expressions of Folklore adopted, in Geneva in July 1982, the Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions.
In addition, the General Conference of UNESCO adopted at its 25th Session in 1989, the Recommendation on the Safeguarding of Traditional Cultures and Folklore, providing for measures that may be taken by the States for the identification, conservation, preservation and dissemination of folklore, its protection and the development of international cooperation.
On the basis of the above-mentioned Model Provisions and Recommendation, a number of member States of UNESCO and WIPO - particularly, developing countries - have introduced legal, administrative and other measures for the preservation and protection of folklore.
During the joint sessions of the WIPO Committee of Experts on a Possible Protocol to the Berne Convention and the WIPO Committee of Experts on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms, held in Geneva in February 1996, the delegations of a number of developing countries proposed that the issues of the protection of expressions of folklore should be addressed again at the international level. As a result of the discussions that followed, the Committees unanimously recommended to the Governing Bodies of WIPO that provision should be made for the organization of an international forum in order to explore issues concerning the
preservation and protection of expressions of folklore, intellectual property aspects of folklore, and the harmonization of the different regional interests. After the adoption of the recommendation, it was stated by some delegations that, due to the subject matter of the proposed forum, the involvement of UNESCO would be desirable.
Both the Director General of WIPO and the representative of UNESCO who attended the said joint session of the Committees expressed readiness to cooperate in this matter, and, in June 1996, final agreement was reached between the two Organizations on the joint organization of the UNESCO-WIPO World Forum on the Protection of Folklore. At the invitation of the Government of Thailand, the World Forum was organized by UNESCO and WIPO in cooperation with the Department of Intellectual Property, Ministry of Commerce, Government of Thailand, in Phuket, Thailand, from Apri18 to 10, 1997.
Documents
- 1967, 1982, 1984: attempts to provide international protection for folklore by intellectual property rights
UNESCO-WIPO/FOLK/PKT/97/19: English - Economic exploitation of expressions of folklore: the European experience
UNESCO-WIPO/FOLK/PKT/97/16: English - Economic exploitation of expressions of folklore: the experience of the Americas
UNESCO-WIPO/FOLK/PKT/97/14: English - General information and preliminary programme
UNESCO-WIPO/FOLK/PKT/97/INF/1: English|French|Spanish - International protection of expressions of folklore: UNESCO follow-up to the 1989 Recommendation on the Safeguarding of Traditional Culture and Folklore
UNESCO-WIPO/FOLK/PKT/97/17: English - La protection du folklore par le droit de la propriété industrielle et celui des obligations
UNESCO-WIPO/FOLK/PKT/97/10: French - Legal means of protection of expressions of folklore in national legislation: protection of the collection of expressions of folklore; the role of libraries and archives
UNESCO-WIPO/FOLK/PKT/97/12: English - Preservation and conservation of expressions of folklore: the experience of Africa
UNESCO-WIPO/FOLK/PKT/97/1: English - Preservation and conservation of expressions of folklore: the experience of North America
UNESCO-WIPO/FOLK/PKT/97/6: English - Preservation and conservation of expressions of folklore: the experience of the Pacific region
UNESCO-WIPO/FOLK/PKT/97/4: English - Programme
UNESCO-WIPO/FOLK/PKT/97/INF/2: English|French - Protection of those who make available and of those who collect expressions of folklore
UNESCO-WIPO/FOLK/PKT/97/11: English - Provisional list of participants
UNESCO-WIPO/FOLK/PKT/97/INF/3 Prov.: English - The experience of Asia and the Pacific Region
UNESCO-WIPO/FOLK/PKT/97/15: English - The experience of Latin America and the Caribbean region in the preservation and conservation of the expressions of folklore
UNESCO-WIPO/FOLK/PKT/97/5: Spanish - The experience of Western Europe
UNESCO-WIPO/FOLK/PKT/97/7: Spanish - UNESCO/WIPO World Forum on the Protection of Folklore, Phuket, Thailand, April 8 to 10, 1997
CLT/CIC/98/1: Multilingual
UNESCO. Executive Board; 142nd session; 1994
11-10-1993/15-11-1993Paris (France)
Documents
International Consultation on New Perspectives for UNESCO’s Programme : The Intangible Cultural Heritage
16/17-06-1993Paris (France)
The purpose of this consultation was to advise the Organization on future directions and the orientation of the medium-term strategy (1996-2001) and on its programme for safeguarding and enhancing intangible cultural heritage. Eighty-one participants, including experts, representatives of research institutions and private foundations, as well as observers from some thirty countries, attended the meeting.
The following new objectives were submitted to UNESCO regarding its action in the field of intangible cultural heritage:
- UNESCO’s role should be that of a catalyst, coordinator and creator of awareness of the need to safeguard intangible cultural heritage;
- UNESCO’s action and priority: the Organization proposed that:
-Short-term priority be given to the performing arts, oral traditions, languages and traditional skills; and
- Long-term priority be given to the revitalization of intangible cultural heritage for transmission to future generations; - Principle of intervention: emphasis was placed on the need to create regional and inter-regional networks of specialized institutions to coordinate actions, promote international collaboration and the exchange of information and experience;
- Modes of action recommended for UNESCO to ensure the revitalization and transmission of this heritage include the organization of training sessions for safeguarding and promoting intangible heritage, the publication of oral traditions in local and contact languages and the official recognition of leading specialists, including practitioners, of intangible cultural heritage.
UNESCO. General Conference; 26th session; 1991
15-10-1991/07-11-1991Paris (France)
Documents
- Initial special reports by Member States on the implementation of the Convention on Technical and Vocational Education; Initial special reports by Member States on the implementation of the Recommendation on the Safeguarding of Traditional Culture and Folklore
26 C/31: English|French|Spanish - Initial special reports by Member States on the implementation of the Recommandation on the Safeguarding of Traditional Culture and Folklore
26 C/30: English|French|Spanish
UNESCO. General Conference; 25th session; 1989
17-10-1989/16-11-1989Paris (France)
Documents
- Draft Recommendation to Member States on the Safeguarding of Folklore
25 C/33: English|French|Spanish - Recommendation on the Safeguarding of Traditional Culture and Folklore; adopted by the General Conference at its twenty-fifth session, Paris, 15 November 1989: Multilingual
- Records of the General Conference, 25th session, Paris, 17 October to 16 November 1989, v. 1: Resolutions
25 C/Resolutions + CORR. in fre, spa: English|French|Spanish|Russian|Chinese|Arabic
Special Committee of Governmental Experts to Prepare a Draft Recommendation on the Safeguarding of Folklore; Paris; 1989
24/28-04-1989Paris (France)
Documents
- Draft Recommendation to Member States on the Safeguarding of Folklore
CC/CPY/CSP.89/CONF.206/CR; CPY.89/CONF.206/COL.3: English|French|Spanish - First draft of a Recommendation on the Safeguarding of Folklore: Final report prepared in accordance with Article 10(3) of the Rules of Procedure concerning recommendations to Member States and international conventions covered by the terms of Article IV, Paragraph 4, of the Constitution
CC/MD/8 + ADD. 1: English|French|Spanish
UNESCO. Executive Board; 130th session; 1988
13-10-1988/09-11-1988Paris (France)
Documents
- Decisions adopted by the Executive Board at its 130th session, Paris, 13 October-9 November 1988
130 EX/Decisions: English|French|Spanish - Invitations to the meeting of the Special Committee of Governmental Experts to Prepare a Draft Recommendation to Member States on the Safeguarding of Folklore
130 EX/13: English|French|Spanish
UNESCO. General Conference; 24th session; 1987
20-10-1987/20-11-1987Paris (France)
Documents
- Desirability of adopting a general international instrument on the safeguarding of folklore
24 C/31+ADD.: English|French|Spanish - Records of the General Conference, 24th session, Paris, 20 October to 20 November 1987, v. 1: Resolutions
24 C/Resolutions + CORR. in eng, fre: English|French|Spanish|Russian|Chinese|Arabic
Meeting of the Working Group for the Preparation of a Plan of Action for Safeguarding the Non-physical Heritage; Paris; 1987
05/08-10-1987Paris (France)
Documents
- Consideration of the problems raised by the need to inventory, collect and study the non-physical heritage
CC.87/CONF.609/3; CC.87/CONF.609/COL.8: English|French - Ethnolinguistic method for the development of a typology of the non-physical heritage
CC.87/CONF.609/5; CC.87/CONF.609/COL.3: English|French - Final report
CC.87/CONF.609/COL.1: Multilingual - For a strategy to safeguard the non-physical heritage; vision from the African horizon
CLT/NPH.87/CONF.609; CC.87/CONF.609/COL.2; CC.87/C: English|French - Towards the development of a typology for the non-physical heritage
CLT/NPH.87/CONF.609; CC.87/CONF.609/COL.1; CC.87/C: English|French
Intergovernmental Copyright Committee; 7th session; Geneva; 1987
22/30-06-1987Geneva (Switzerland)
In pursuance of Resolution 15.3 adopted by the General Conference of Unesco at its twenty-third session (Sofia, October-November 1985) and in accordance with paragraph 15109 of the Work Plan relating to that resolution, the Director-General of Unesco convened a Special Committee of Technical and Legal Experts on the Safeguarding of Folklore, which met at Unesco Headquarters from 1 to 5 June 1987.
The Special Committee was charged with the responsibility to prepare draft international regulations in the afore-mentioned field in order to examine the measures to be taken with a view to guaranteeing, within the framework of a global approach and on an interdisciplinary basis, the safeguarding of folklore. It recommended that an international regulation in the form of a recommendation may be adopted to regulate the safeguarding of folklore and adopted a
draft of such a recommendation.
Documents
Special Committee of Technical and Legal Experts on the Safeguarding of Folklore
01/05-06-1987Paris (France)
Documents
- Consideration of the solutions to the problems raised by the safeguarding of folklore in the light of the studies submitted by P. Sammy-Macfoy and L. Honko
UNESCO/PRS/CLT/TPC/SPL/5; CPY.87/CONF.208/COL.4: English|French|Spanish - Draft report
UNESCO/PRS/CLT/TPC/SPL/6 PROV.; CPY.87/CONF.208/CO: English|French|Spanish - Possibilities of international cooperation and regulation on the safeguarding of folklore
UNESCO/PRS/CLT/TPC/SPL/4; CPY.87/CONF.208/COL.2: English|French|Spanish - Provisional rules of procedure
UNESCO/PRS/CLT/TPC/SPL/2 PROV.; CPY.87/CONF.208/CO: English|French|Spanish - Report
UNESCO/PRS/CLT/TPC/SPL/6: English|French|Spanish - Social, economic and political implications of the safeguarding of folklore in developing countries
UNESCO/PRS/CLT/TPC/SPL/3; CPY.87/CONF.208/COL.1: English|French
UNESCO. Executive Board; 124th session; 1986
07/23-05-1986Paris (France)
Documents
- Decisions adopted by the Executive Board at its 124th session, Paris, 7-23 May 1986
124 EX/Decisions: English|French|Spanish - Invitations to the Meeting of the Special Committee of Governmental Experts to Examine the Question of Preparing a Draft Recommendation for the Protection of Folklore
124 EX/21: English|French|Spanish
UNESCO. General Conference; 23rd session ; Sofia; 1985
08-10-1985/09-11-1985Sofia (Bulgaria)
Documents
Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 6th session; Paris; 1985
17/25-06-1985Paris (France)
In pursuance of decision 5.6.2 adopted by the Executive Board of Unesco at its 116th Session (Spring 1983), a decision of which the General Conference took note at its twenty-second session (October 1983), the Director-General convened the Second Committee of Governmental Experts on the Safeguarding of Folklore at Unesco Headquarters from 14 to 18 January 1985.
The Committee, whose terms of reference were to carry out a thorough study of the possible range and scope of general regulations concerning the safeguarding of folklore, analysed the various aspects involved in the safeguarding of folklore and adopted certain possible solutions as the conclusions of its proceedings.
The Committee also discussed the nature of the instrument that might be drawn up, should the General Conference of Unesco decide that the adoption of such an instrument was advisable, and the role that Unesco might play in facilitating the safeguarding of folklore.
With regard to the nature of possible international regulations, the Committee was of the opinion that these should not take the form of an international convention. On the other hand, there was unanimous agreement that they might take the form of an international recommendation, this being a flexible instrument whereby the General Conference formulates principles that it invites Member States to adopt in the form of a national law or in some other way.
Documents
- General regulation for the safeguarding of folklore
IGC(1971)/VI/19; CPY.85/CONF.002/COL.9: English|French|Spanish - Protection of expressions of folklore, pt. I: present status of the work in progress at the regional level
IGC(1971)/VI/12(Part I); B/EC/XXIV/11 (Part I); CP: English|French|Spanish - Protection of expressions of folklore: report of the Group of Experts on the International Protection of Expressions of Folklore by Intellectual Property
IGC(1971)/VI/12/Part II; CPY.85/CONF.002/COL.5; B/: English|French|Spanish
UNESCO. Executive Board; 121st session; 1985
09-05-1985/21-06-1985Paris (France)
Documents
- Decisions adopted by the Executive Board at its 121st session, Paris, 9 May-21 June 1985
121 EX/Decisions + CORR: English|French|Spanish - Report on the proceedings of the second Committee of Governmental Experts on the Safeguarding of Folklore and on the joint Unesco-WIPO activities concerning the possible adoption of specific international regulations regarding ‘intellectual property’ aspects of the protection of folklore
121 EX/18: English|French|Spanish
Committee of Governmental Experts on the Safeguarding of Folklore; 2nd; Paris; 1985
14/18-01-1985Paris (France)
This Second Committee of Governmental Experts was convened by the Director-General in pursuance of decision 5.6.2 adopted by the Executive Board at its 116th session, a decision of which the General Conference took note at its twenty-second session. The aim of this meeting was to carry out a thorough study of the possible range and scope of general international regulations concerning the safeguarding of folklore. Representatives from 41 Member States participated in the proceedings, and experts from six Member States and from two non-Member States attended the meeting in the capacity of observers.
During this meeting, the need to identify, preserve and protect folklore from the risks of being forgotten, distorted, impaired, caricatured or pillaged, since folklore is an integral part of the heritage, and of the cultural identity of the various peoples, was recognized by a wide majority. Several delegations stressed the value of the safeguarding of folklore and its importance for certain States.
Reference was made on several occasions to the threatened loss and disappearance of certain elements of folklore, particularly in the face of modem communication technologies which facilitate the importation of foreign cultures, thus replacing local cultural traditions and promoting the hegemony of imported cultures.
Most delegations underscored the need for an international instrument of some description for the preservation of folklore. Some delegations, however, expressed reservations as to the advisability of adopting a legally binding instrument. It was stated that although it would be premature to adopt an international instrument at that stage, that was the ultimate goal, while attention was also drawn to the prime importance of taking measures at national, rather than international, level.
Documents
- Report
PRS/CLT/TPC/II/5; CPY.85/CONF.201/COL.7: English|French|Spanish - Solutions to the problems raised by the safeguarding of folklore as proposed by the Committee of Governmental Experts
PRS/CLT/TPC/II/4; CPY.85/CONF.201/COL.5: English|French|Spanish - Study of the possible range and scope of general regulations concerning the safeguarding of folklore
PRS/CLT/TPC/II/3; CPY.85/CONF.201/COL.1: English|French
Group of experts on the international protection of expressions of folklore by intellectual property
10/14-12-1984Paris (France)
A ‘Group of Experts on the International Protection of Expressions of Folklore by Intellectual Property,’ convened jointly by the Secretariat of Unesco and the International Bureau of WIPO in accordance with the decisions adopted by the General Conference of Unesco at its twenty-second session (October-November, 1983) and the Governing Bodies of WIPO at their fourteenth series of meetings in October 1983, met at Unesco Headquarters in Paris from 10 to 14 December 1984.
The Group of Experts, which was asked to consider the need for a specific international regulation on the international protection of expressions of folklore by intellectual property and the contents of an appropriate draft, deliberated upon that need and discussed, article by article, the draft treaty, formulated and presented by the Secretariats for consideration of the Group of Experts.
In conclusion, the Group of Experts noted that the Secretariats shall further explore various aspects of a treaty for the intellectual property type protection of expressions of folklore and shall prepare a revised text, in the light of the observations made, and the advice given by the participants, also considering possible alternative means of implementing the protection. The Secretariats shall communicate this report to the Executive Committee of the Berne Union and to the Intergovernmental Committee of the Universal Copyright Convention, and shall report on the present meeting to the respective governing bodies of Unesco and WIPO.
Documents
Meeting of experts to draw up a future programme concerning the non-physical heritage
28/30-11-1984Paris (France)
The Meeting of Experts to draw up a future programme of the Non-Physical Heritage was convened by the Director-General of Unesco, on the advice of the Member States in order to discuss the plans for the recently created subprogramme on Non-Physical Heritage. The purpose of the Meeting was to give shape to current concerns of Member States on inventorying, collecting, studying promoting and, above all, protecting the world’s Non-Physical Heritage from erosion and distortion. The Meeting took place from 28 to 30 November 1984 at Unesco’s Headquarters in Paris. The task of the Meeting was to adopt a working definition of Non-Physical Heritage or popular cultural traditions, to discuss methodologies for inventorying, collection and safeguarding and to establish an order of priority for future Unesco actions in this important area.
Documents
Regional Committee of Experts on Means of Implementation in the Arab States of Model Provisions on Intellectual Property Aspects of Protection of Expressions of Folklore
08/10-10-1984Doha (Qatar)
In pursuance of Resolution 15.1 adopted by the General Conference of Unesco at its twenty-second session and the decision taken by the Governing Bodies of WIPO at the fourteenth series of their meetings in 1983, the Directors General of Unesco and WIPO convened a Regional Committee of Experts on Means of Implementation in the Arab States of Model Provisions on Intellectual Property Aspects of Protection of Expressions of Folklore which met, at the invitation of the Government of Qatar, in Doha from October 8 to 10, 1984.
The purpose of the meeting was to consider the text of the Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions, adopted by the Committee of Governmental Experts convened by the Directors General of Unesco and WIPO in Geneva from June 28 to July 2, 1982, and to make suggestions on the means of implementation of the said text in the Arab States.
Experts from seven Arab countries (Algeria, Egypt, Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia) participated in the meeting. Two intergovernmental organizations, the Arab Educational, Cultural and Scientific Organization (ALECSO) and the Arab Bureau of Education for the Gulf States were represented in an observer capacity.
Documents
- Agenda
UNESCO/WIPO/FOLK/AR/1: English|French - Draft report
UNESCO/WIPO/FOLK/AR/3: English|Arabic - Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
UNESCO/WIPO/FOLK/AR/2: English|French|Arabic - Report
UNESCO/WIPO/FOLK/AR/4: English|French
UNESCO. Executive Board; 119th session; 1984
09/24-05-1984Paris (France)
Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 5th session; Geneva; 1983. International Union for the Protection of Literary and Artistic Works. Executive Committee; 22nd session; Paris; 1983
12/16-12-1983Geneva (Switzerland)
The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
Their reports were presented to the Intergovernmental Committee of the Universal Copyright Convention at this meeting.
Documents
- Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
IGC(1971)/V/14; B/EC/XXII/14: soon available - Protection of folklore: present status of the work in progress at the international level and on an interdisciplinary basis designed to safeguard the existence and development of folklore and to protect it against risk of distortion
IGC(1971)/V/16: English|French|Spanish - Protection of folklore: present status of the work in progress at the regional level
IGC(1971)/V/15; B/EC/XXII/15; Unesco/OMPI/FOLK/LAC: English|French|Spanish
UNESCO. General Conference; 22nd session; 1983
25-10-1983/26-11-1983Paris (France)
The Director-General reports to the General Conference on the work carried out by the Secretariat in pursuance of 21 C/Resolution 5/03, adopted by the Conference at its last session, and informs it of the decisions taken by the Executive Board on this subject.
Documents
UNESCO. Executive Board; 116th session; 1983
25-05-1983/29-06-1983Paris (France)
Pursuant to resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General submits to the Executive Board, in accordance with Article 3 of the Rules of Procedure concerning Recommendations to Member States and 1nternational Conventions covered by the terms of Article IV, paragraph 4, of the Constitution, a preliminary study on the technical and legal aspects of the safeguarding of folklore, so that the Board may decide whether the question should be Included in the provisional agenda of the twenty-second session of the General Conference.
Documents
Regional committee of experts on means of implementation in Africa of model provisions on intellectual property aspects of protection of expressions of folklore
23/25-02-1983Dakar (Senegal)
The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
The Dakar Committee of Experts stressed the value of elaborating an international instrument for the protection of expressions of folklore against illicit exploitation and other prejudicial actions,
The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.
Documents
- Agenda
UNESCO/WIPO/FOLK/AFR/1: English|French - Draft report
UNESCO/WIPO/FOLK/AFR/3: English|French - Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
UNESCO/WIPO/FOLK/AFR/2: English|French - Report
UNESCO/WIPO/FOLK/AFR/4: English|French|Spanish
Regional committee of experts on means of implementation in Asia of model provisions on intellectual property aspects of protection of expressions of folklore
31-01-1983/02-02-1983New Delhi (India)
The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
The Committee of Experts that met in New Delhi expressed the unanimous view that the protection of folklore against illicit exploitation and other prejudicial actions should be provided through an international agreement on the protection of expressions of folklore.
The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.
Documents
- Agenda
UNESCO/WIPO/FOLK/ASIA/1: English - Draft report
UNESCO/WIPO/FOLK/ASIA/4: English - Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions, with a commentary
UNESCO/WIPO/FOLK/ASIA/2: English - Report
UNESCO/WIPO/FOLK/ASIA/5: English|French|Spanish
Committee of Governmental Experts on the intellectual property aspects of the protection of expressions of Folklore
28-06-1982/02-07-1982Geneva (Switzerland)
Under the terms of resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General was invited to prepare a preliminary study on the technical and legal aspects of the safeguarding of folklore with a view to the possible regulation of the matter on en international basis.
The Work Plan relating to that resolution envisaged the following procedure: ‘Two committees of governmental experts (category II) will be convened. The first will be held at Headquarters in 1981, with a view to defining measures to safeguard the existence, development and authenticity of folklore and traditional popular culture and to protect them against the risk of distortion; the second, preceded by a committee meeting (category VI), will be organized jointly with WIPO in 1982 and will be responsible for drawing up proposals for regulating the ‘intellectual property’ aspects of the protection of folklore and traditional popular culture. Three working groups will be convened jointly with WIPO in 1981, 1982 and 1983, in Latin America and the Caribbean, Africa, and Asia and the Pacific respectively, to seek means of applying such regulations at the regional level, taking account of the characteristics of this cultural heritage in each region as factors in identifying an ethnic group or a national community. In the light of the findings of the 1981 and 1982 committees of governmental experts, and in pursuance of 21 C/Resolution 5/03, a preliminary study will be made for submission to the Executive Board in 1983, and possibly to the General Conference at its twenty-second session, to enable it to decide whether it would be advisable to adopt a recommendation to Member States on this question’.
The two committees of governmental experts provided for in the Work Plan of 21 C/Resolution 5/03 were convened from 22 to 26 February 1982 and from 28 June to 2 July 1982 at the Headquarters of Unesco and WIPO respectively. The different aspects of the safeguarding of folklore were examined at these meetings with a view to identifying the areas to be covered by a possible international instrument.
Documents
Committee of Governmental Experts on the Safeguarding of Folklore
22/26-02-1982Paris (France)
Under the terms of resolution 5/03 adopted by the General Conference at its twenty-first session, the Director-General was invited to prepare a preliminary study on the technical and legal aspects of the safeguarding of folklore with a view to the possible regulation of the matter on en international basis.
The Work Plan relating to that resolution envisaged the following procedure: ‘Two committees of governmental experts (category II) will be convened. The first will be held at Headquarters in 1981, with a view to defining measures to safeguard the existence, development and authenticity of folklore and traditional popular culture and to protect them against the risk of distortion; the second, preceded by a committee meeting (category VI), will be organized jointly with WIPO in 1982 and will be responsible for drawing up proposals for regulating the ‘intellectual property’ aspects of the protection of folklore and traditional popular culture. Three working groups will be convened jointly with WIPO in 1981, 1982 and 1983, in Latin America and the Caribbean, Africa, and Asia and the Pacific respectively, to seek means of applying such regulations at the regional level, taking account of the characteristics of this cultural heritage in each region as factors in identifying an ethnic group or a national community. In the light of the findings of the 1981 and 1982 committees of governmental experts, and in pursuance of 21 C/Resolution 5/03, a preliminary study will be made for submission to the Executive Board in 1983, and possibly to the General Conference at its twenty-second session, to enable it to decide whether it would be advisable to adopt a recommendation to Member States on this question’.
The two committees of governmental experts provided for in the Work Plan of 21 C/Resolution 5/03 were convened from 22 to 26 February 1982 and from 28 June to 2 July 1982 at the Headquarters of Unesco and WIPO respectively. The different aspects of the safeguarding of folklore were examined at these meetings with a view to identifying the areas to be covered by a possible international instrument.
Documents
International Union for the Protection of Literary and Artistic Works. Executive Committee; 19th session; Geneva; 1981. Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 4th session; Geneva; 1981
30-11-1981/07-12-1981Geneva (Switzerland)
Pursuant to the deliberations of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions from 5 to 9 February 1979 and to the decisions of the respective governing bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened a Working Group on the Intellectual Property Aspects of Folklore Protection, which met in Geneva from 7 to 9 January 1980, to study a draft of model provisions intended for national legislation as well as international measures for the protection of works of folklore.
In conclusion, this working group recommended, in respect of the said model provisions, that a revised draft of model provisions for national laws on the above subject and commentary thereon should be prepared by the two Secretariats and presented for further consideration at a subsequent meeting. The Secretariat of Unesco and the International Bureau of WIPO prepared the said revised text and commentary thereon and jointly convened the second meeting of the Working Group on the Intellectual-Property Aspects of Folklore Protection, composed of the same group of experts, for consideration of the same. This second meeting of the aforementioned working group was held at Paris from 9 to 13 February 1981. The working group adopted the model provisions for national laws on the protection of expressions of folklore which, along with the commentary thereon to be revised by the two Secretariats, will be presented for further consideration at the meeting of governmental experts to be convened jointly by Unesco and WIPO from 28 June to 2 July 1982.
Documents
Committee of experts on the modalities of applying the model provisions for national laws on the “Intellectual Property” aspects of the protection of the expressions of folklore and traditional folk culture in the countries of Latin America and the Caribbean
14/16-10-1981Bogota (Colombia)
The Working Group on the Intellectual Property Aspects of Folklore Protection that had met in Geneva from 7 to 9 January 1980 had recommended that both Secretariats endeavour to inventory possible ways and means of protecting folklore at the regional level.
In order to give effect to that recommendation, and in accordance with the approved programmes and budgets of Unesco and WIPO for 1981-1983 and 1982-1983 respectively, these two organizations convened three Committees of Experts on the means of implementation at the regional level of model provisions of national legislation on the intellectual property aspects of folklore protection.
These regional Committees of Experts met in Bogotá (14 to 16 October 1981), New Delhi (31 January to 2 February 1983) and Dakar (23 to 25 February 1983).
The Committee of Experts that met in Bogotá highlighted in particular the following points: (i) Special emphasis should be place on the protection of folklore by means of an international instrument in addition to the adoption of model national legislative provisions; (ii) the fact that expressions of folklore do not correspond to the geographical frontiers of the nations concerned should be taken into account.
The three Committees also formulated a number of suggestions with a view to implementing in each of the three regions considered the ‘Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions’.
Documents
UNESCO. Executive Board; 113th session; 1981
15-09-1981/02-10-1981Paris (France)
Documents
- Decisions adopted by the Executive Board at its 113th session, Paris, 15 September-2 October 1981
113 EX/Decisions + CORR: English|French|Spanish - Invitations to the Meeting of the Committee of Governmental Experts on the Intellectual Property Aspects of the Protection of Folklore
113 EX/16: English|French|Spanish
UNESCO. Executive Board; 112th session; 1981
13/27-05-1981Paris (France)
Working Group on the Intellectual Property Aspects of Folklore Protection; 2nd meeting; Paris; 1981
09/13-02-1981Paris (France)
Pursuant to the deliberation of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions from 5 to 9 February 1979 and to the decisions of the respective governing bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened a Working Group on the Intellectual Property Aspects of Folklore Protection which met in Geneva from 7 to 9 January 1980 to study a draft of Model Provisions intended for national legislation as well as international measures for the protection of works of folklore. In conclusion, this Working Group recommended, in respect of the said Model Provisions that a revised draft of Model Provisions for National Laws on the above subject and commentary thereon should be prepared by the two Secretariats and presented for further consideration at a subsequent meeting.
Accordingly, the Secretariat of Unesco and the International Bureau of WIPO prepared the relevant texts and jointly convened the second meeting of the Working Group on the Intellectual Property Aspects of Folklore Protection composed of the same group of experts from nineteen countries for consideration of the same. This second meeting of the Working Group was held at Unesco Headquarters at Paris from 9 to 13 February 1981. Seventeen of the nineteen experts invited, participated in the meeting in their personal capacity.
The documentation available to the Working Group consisted of the “Revised Model Provisions for National Laws on the Protection of Expressions of Folklore (document: UNESCO/WIPO/WG.II/FOLK/2) and Commentary on the said Revised Model Provisions (document: UNESCO/WIPO/WG.II/FOLK/3) prepared by the Secretariat of Unesco and the International Bureau of WIPO.
Documents
- Agenda
UNESCO/WIPO/WG.II/FOLK/1: English|French|Spanish - Commentary on the revised model provisions for national laws on the protection of expressions of folklore
UNESCO/WIPO/WG.II/FOLK/3: English|French|Spanish - Draft report
UNESCO/WIPO/WG.II/FOLK/4 Prov.: soon available - Draft section 2 (former section 1)
UNESCO/WIPO/WG.II/FOLK/DR.1: English|French|Spanish - Draft section 3 (former section 2)
UNESCO/WIPO/WG.II/FOLK/DR.2: English|French|Spanish - Draft section 3 (former section 2)
UNESCO/WIPO/WG.II/FOLK/DR.4: English|French|Spanish - Draft section 6 (former section 5)
UNESCO/WIPO/WG.II/FOLK/DR.3: English|French|Spanish - List of participants
UNESCO/WIPO/WG.II/FOLK/INF.1: Multilingual - Report
UNESCO/WIPO/WG.II/FOLK/4: English|French|Spanish - Revised model provisions for national laws on the protection of expressions of folklore
UNESCO/WIPO/WG.II/FOLK/2: English|French|Spanish
UNESCO. General Conference; 21st; Belgrade; 1980
23-09-1980/28-10-1980Belgrade (Serbia)
Working Group on the Intellectual Property Aspects of Folklore Protection, Geneva, 7-9 January 1980
07/09-01-1980Geneva (Switzerland)
In accordance with the deliberations of the Executive Committee of the International Union for the Protection of Literary and Artistic Works (Berne Union) and the Intergovernmental Committee of the Universal Copyright Convention at their sessions held from February 5 to 9, 1979, and to the decisions of the respective Governing Bodies of Unesco and WIPO, the Secretariat of Unesco and the International Bureau of WIPO convened the Working Group to study a draft of model provisions intended for national legislation as well as international measures for the protection of works of folklore. The Working Group was attended by experts from 16 countries invited in a personal capacity by the Directors General of Unesco and WIPO. The meeting was also attended by representatives of two intergovernmental and seven international non-governmental organizations as observers.
The documentation available to the Working Group consisted of documents prepared by the International Bureau of WIPO containing Model Provisions for National Laws on the Protection of Creations of Folklore and the Commentary on these model provisions (documents UNESCO/WIPO/WG.I/FOLK 2 and 2 Add.) as well as of a document prepared by the Secretariat of Unesco, with the assistance of Professor Jean Carbonnier, containing a Study on the International Regulation of Intellectual Property Aspects of Folklore Protection (document UNESCO/WIPO/WG.I/FOLK 3).
Documents
- Agenda
UNESCO/OMPI/WG.1/FOLK/1: English|French|Spanish - Draft report
UNESCO/WIPO/WG.1/FOLK/4: English|French|Spanish - Model provisions for national laws on the protection of creations of folklore
UNESCO/WIPO/WG.1/FOLK/2 + ADD.: English|French|Spanish - Provisional list of participants
UNESCO/WIPO/WG.1/FOLK/Inf.1/Rev.: Multilingual - Report
UNESCO/WIPO/WG.1/FOLK/5: English|French|Spanish - Study of the international regulation of the intellectual property aspects of folklore protection
UNESCO/WIPO/WG.1/FOLK/3; CPY.80/CONF.604/COL.1: English|French|Spanish
Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 3rd session, 1st pt; Geneva; 1979; International Union for the Protection of Literary and Artistic Works. Executive Committee; 5th extraordinary session; Geneva; 1979
05/09-02-1979Geneva (Switzerland)
The Executive Committee of the Berne Union and the Intergovernmental Committee of the Universal Copyright Convention, at their sessions in November-December 1977, examined the exhaustive study of the implications of the protection of folklore, prepared by the secretariat of Unesco in pursuance of the recommendations made by the Committees at their 1975 sessions (document B/EC/XII/13- IGC (l971)/II/17).
Following this examination, the Committees decided that “studies on this subject should be pursued by the Unesco Secretariat on an interdisciplinary basis within the framework of an overall approach, but that WIPO should be associated in the examination of any copyright aspects involved. Moreover, WIPO should inquire into the extent to which regulations governing industrial property (unfair competition, appelation of origin, etc.) might be used”. The Committees, while recognizing that their competence was limited to matters of copyright, also decided that “in so far as copyright could enter into the solution of the problems, they should continue to consider” the question of the protection of folklore.
The Director-General of UNESCO set up an intersectoral unit within the Organization to study all the problems raised by the protection of folklore. Furthermore, and in pursuance of the decisions taken by their respective governing bodies, it was planned that during 1979, the Secretariat of UNESCO and the International Bureau of WIPO will undertake a joint study of the possible copyright aspects of the protection of folklore.
Documents
Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 2nd session; Paris; 1977; International Union for the Protection of Literary and Artistic Works. Executive Committee; 4th extraordinary session; Paris; 1977
28-11-1977/06-12-1977Paris (France)
At their sessions held in December 1975, the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union requested the Secretariat of Unesco to carry out an exhaustive study of all the aspects involved in the protection of folklore. Given the links with copyright that such protection may have, the Committees further decided to include this matter on the agenda of their present session.
To carry out this study, and in accordance with resolution 6.121 adopted by the General Conference of Unesco at its nineteenth session, a Committee of Experts on the Legal Protection of Folklore was convened by the Director-General of Unesco. Composed of folklore specialists and legal experts, invited in their personal capacity by the Director-General, it met in Tunis from 11 to 15 July at the kind invitation of the Tunisian Government.
The documents provided for the Committee of Experts included a study of the various aspects involved in the protection of folklore. This study is included as Appendix 1 to the present document. The Report of the Committee of Experts which met in Tunis appears as Appendix 2. The Committee of Experts further requested its Rapporteur to draw conclusions from the discussions (paragraph 45 of the Committee’s Report) and these are to be found in Appendix 3 to this document.
Documents
Committee of Experts on the Legal Protection of Folklore
11/15-07-1977Tunis (Tunisia)
The question of the protection of folklore at the international level was placed by the Director-General of Unesco on the agenda of the Intergovernmental Copyright Committee established under Article XI of the Universal Copyright Convention, in response to a memorandum he had received in 1973 from the Government of Bolivia requesting that the possibility of preparing an international instrument for the protection of folklore be examined.
At the conclusion of its discussion on this subject, at its session held in December 1973, the Intergovernmental Committee decided to entrust the Unesco Secretariat with the task of studying the problem and reporting thereon to the Intergovernmental Committee and the Executive Committee of the International Union for the Protection of Literary and Artistic Works at their next sessions.
Pursuant to this decision, the Unesco Secretariat submitted to the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union at their sessions in December 1975 a study on the desirability of providing protection for folklore at the international level. The attention of the Committees was drawn to the fact that the first stages in devising a system of protection for folklore were, on the one hand, the examination in depth of the actual concept of folklore, in order to work out a definition of this part of the cultural heritage of nations, and, on the other hand the identification of the characteristic elements constituting each of the categories coming under the heading of “folklore”. As for protection itself, which the Committees considered necessary, essential and urgent, it was recognized that a distinction should be drawn between the material protection of this heritage, that is to say its conservation, and the legal protection to be afforded with a view to preserving it and regulating its exploitation.
In the light of their discussions, the Committees expressed the view that this was basically a cultural problem, which went beyond the specific field of copyright, and hence beyond their sphere of competence. They accordingly requested Unesco to carry out an exhaustive study of all the questions inherent in the protection of folklore and decided, in view of the links that such protection could have with copyright, to include this item on the agenda of their next sessions.
Documents
Intergovernmental Committee of the Universal Copyright Convention as Revised at Paris on 24 July 1971; 1st extraordinary session; Geneva; 1975
10/16-12-1975Geneva (Switzerland)
The Director-General of Unesco transmitted to the Intergovernmental Copyright Committee of the Universal Convention adopted in 1952, at its twelfth ordinary session (Paris, December 1973), the communication which he had received on 22 May 1973 from the Ministry of Foreign Affairs and Religion of the Republic of Bolivia (No. D.G.O.I.1006-79) together with an explanatory memorandum, proposing that the possibility of establishing an international instrument for the protection of the folk arts and cultural heritage of the various nations of the world should be examined at the international level (document IGC/XII/12).
At the close of its consideration of this subject, the Intergovernmental Copyright Committee decided to entrust the Unesco Secretariat with the task of studying this problem and reporting thereon to the Committee and to the Executive Committee of the Berne Union at their forthcoming sessions (see Report of the twelfth ordinary session of the Intergovernmental Copyright Committee, document IGC/XII/17, paragraph 103).
Pursuant to that decision, the Secretariat of Unesco submits to the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union, in an annex to this report, a study on the desirability of providing protection for folklore at the international level.
Documents
Intergovernmental Copyright Committee; 12th session; Paris; 1973
05/11-12-1973Paris (France)
On 22 May 1973 the Director-General of Unesco received from the Ministry of Foreign Affairs and Religion of the Republic of Bolivia a communication (No. D. G.O.I/1006-79 dated 24 April 1973) accompanied by a supporting memorandum proposing that consideration be given at the international level to a special Instrument for the protection of the folk arts and cultural heritage of the various nations of the world.
The Intergovernmental Copyright Convention is invited to review this matter in the light not only of the proposals embodied in the annexed communication from the Govemment of Bolivia, but also of the results of the Committee of Experts Charged with Drafting a Model Law on Copyright for Developing Countries in Africa (document IGC/XII/6).