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

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

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