Strategies for the Prevention of Cultural Appropriation through Intellectual Property
On the occasion of the World Day for African Culture on 24 January 2025, it is imperative to emphasize the significance of protecting and honoring cultural diversity in its myriad forms.
The term 'cultural appropriation' is understood as the unauthorized use of elements of traditional cultures without recognition or benefit to their communities of origin, and it poses significant ethical and legal challenges.
In this regard, the field of Intellectual Property emerges as a pivotal domain for the protection and preservation of traditional cultural expressions, through the establishment of legal frameworks empowering communities to exercise effective control over their creations.
The 'Updated Gap Analysis Project on the Protection of Traditional Cultural Expressions', promoted by the World Intellectual Property Office (WIPO), is of particular interest. The goal of this Project is to identify the legal and practical gaps in the protection of these expressions, proposing concrete solutions that will allow communities with strong traditional cultures to benefit from a more inclusive and effective legal framework to protect themselves.
The Project thus seeks to foster collaboration between communities, governmental institutions and international organizations, thus contributing to a more comprehensive approach in the defense of cultural diversity.
In addition, the Project highlights the importance of using tools such as the registration of trademarks and industrial designs to grant legal protection and recognition to traditional cultural expressions.
In Spain, these are some of the laws that regulate the protection of cultural expressions:
- The Copyright Law.
- The Trademark and Industrial Design Laws.
In addition, Spanish regulation facilitates the protection of geographical indications and designations of origin, which are instrumental in protecting traditional products associated with specific regions.
At the international level, Spain is committed to WIPO's efforts to develop a legal instrument that provides effective protection for traditional cultural expressions, a commitment that is in line with the United Nations Declaration on the Rights of Indigenous Individuals.
However, to ensure effective protection, it is essential to encourage collaboration between national and international Intellectual Property Offices and companies.
The Intellectual Property framework provides the necessary tools to achieve this goal; however, its effective enforcement necessitates a concerted effort by legislators, communities, companies and consumers.
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At UNGRIA, we are committed to the defense of traditional cultural expressions through Intellectual Property legal tools and mechanisms.
We invite you to discover how the registration of trademarks, industrial designs, designations of origin and geographical indications can help you protect your creations or inventions.
Do you need more information? Please contact our team of experts in Intellectual Property.
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