Events and meetings on intangible cultural heritage (co-)organized by UNESCO

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

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

• Protection of folklore: working groups on the intellectual property aspects of folklore protection
  B/EC/XIX/14; IGC(1971)/IV/17; CPY.81/CONF.003/COL.: English

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

• Agenda
  UNESCO/OMPI/FOLK/LAC/1: English
• Model provisions for national laws on the protection of expressions of folklore
  UNESCO/OMPI/FOLK/LAC/2: English
• Report
  UNESCO/OMPI/FOLK/LAC/3: English

Documents

• Decisions adopted by the Executive Board at its 113th session, Paris, 15 September-2 October 1981
  113 EX/Decisions + CORR: English
• Invitations to the Meeting of the Committee of Governmental Experts on the Intellectual Property Aspects of the Protection of Folklore
  113 EX/16: English

Documents

• Decisions adopted by the Executive Board at its 112th session, Paris, 13-27 May 1981
  112 EX/Decisions: English
• Invitations to the Meeting of the Committee of Governmental Experts on the Safeguarding of Folklore
  112 EX/11: English

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
• Commentary on the revised model provisions for national laws on the protection of expressions of folklore
  UNESCO/WIPO/WG.II/FOLK/3: English
• 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
• Draft section 3 (former section 2)
  UNESCO/WIPO/WG.II/FOLK/DR.2: English
• Draft section 3 (former section 2)
  UNESCO/WIPO/WG.II/FOLK/DR.4: English
• Draft section 6 (former section 5)
  UNESCO/WIPO/WG.II/FOLK/DR.3: English
• List of participants
  UNESCO/WIPO/WG.II/FOLK/INF.1: English
• Report
  UNESCO/WIPO/WG.II/FOLK/4: English
• Revised model provisions for national laws on the protection of expressions of folklore
  UNESCO/WIPO/WG.II/FOLK/2: English

Documents

• Records of the General Conference, 21st session, Belgrade, 23 September to 28 October 1980, v. 1: Resolutions
  21 C/Resolutions: English

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
• Draft report
  UNESCO/WIPO/WG.1/FOLK/4: English
• Model provisions for national laws on the protection of creations of folklore
  UNESCO/WIPO/WG.1/FOLK/2 + ADD.: English
• Provisional list of participants
  UNESCO/WIPO/WG.1/FOLK/Inf.1/Rev.: English
• Report
  UNESCO/WIPO/WG.1/FOLK/5: English
• 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

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

• Protection of folklore
  IGC(1971)/III/17; B/EC/XIV/15; CPY.79/CONF.001/COL: English
• Report on the first part of the third session of the Committee
  IGC(1971)/III/19; CPY.79/CONF.001/COL.17: English

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

• Protection of folklore
  IGC(1971)/II/17; LA.77/CONF.603/COL.4: English
• Report
  IGC(1971)/ll/20; LA.77/CONF.002/COL.16: English

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 copyri

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

• Consideration of the possiblility of establishing an international instrument for the protection of folklore
  B/EC/IX/11; IGC/XR.1/1971/15; LA.75/CONF.002/COL.6: English
• Report
  IGC/XR.1/1971/17; LA.75/CONF.002/COL.16: English