Meetings on intangible cultural heritage (co-)organized by UNESCO

Documents

• Decisions adopted by the Executive Board at its 124th session, Paris, 7-23 May 1986
  124 EX/Decisions: English
• 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

Documents

• Desirability of adopting an international instrument on the safeguarding of folklore
  23 C/32: English
• Records of the General Conference, 23rd session, Sofia, 8 October to 9 November 1985, v. 1: Resolutions
  23 C/Resolutions + CORR.: English

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
• 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
• 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

Documents

• Decisions adopted by the Executive Board at its 121st session, Paris, 9 May-21 June 1985
  121 EX/Decisions + CORR: English
• 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

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
• 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
• 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

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

• Communication from the Federal Republic of Germany
  Unesco/WIPO/FOLK/GEI.1/3; CPY.84/CONF.604/COL.3: English
• Report
  UNESCO/WIPO/FOLK/GEI.1/4; CPY.84/CONF.604/COL.4: English

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

• Final report
  CLT-84/CONF.603: English
• The world’s non-physical heritage
  CLT.84/CONF.603; CLT.84/CONF.603/COL.1: English

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
• Draft report
  UNESCO/WIPO/FOLK/AR/3: 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/AR/2: English
• Report
  UNESCO/WIPO/FOLK/AR/4: English

Documents

• Decisions adopted by the Executive Board at its 119th session, Paris, 9-24 May 1984
  119 EX/Decisions: English
• Invitations to the meeting of the second Committee of Governmental Experts on the Safeguarding of Folklore
  119 EX/13: 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).

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
• 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

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

• Records of the General Conference, 22nd session, Paris, 25 October to 26 November 1983, v. 1: Resolutions
  22 C/Resolutions + CORR.: English
• Safeguarding of Folklore: Report by the Director-General
  22 C/28: English

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

• Decisions adopted by the Executive Board at its 116th session, Paris, 25 May-29 June 1983
  116 EX/Decisions: English
• Preliminary study on the technical and legal aspects of the safeguarding of folklore
  116 EX/26: 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 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
• Draft report
  UNESCO/WIPO/FOLK/AFR/3: 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/AFR/2: English
• Report
  UNESCO/WIPO/FOLK/AFR/4: 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 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

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

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

• Report
  CPY/TPC/I/4; CPY.82/CONF.202/COL.7: English
• Study of the measures for preserving folklore and traditional popular culture
  CPY/TPC/I/3; CPY.82/CONF.202/COL.1 + Add.: English

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