23-34 January 2010, Haerbin
IPR2 organised a workshop on the protection of folklore in co-operation with the National Copyright Administration of China (NCAC), with 75 participants including NCAC officials, judiciary and academics. The workshop provided an overview of the existing mechanisms and practices in China and Europe and offered an interesting opportunity for interactive dialogue and open debate between the different participants.
This activity brought European and Chinese experts together with the aim of building an understanding of European and international practices and experience of copyright protection related to folklore. The experts contributed legal and technical assistance towards strengthening national and regional systems for the protection of traditional cultural and folklore expressions as well as the strategic management of IP rights and interests.
The workshop was opened with keynote addresses from Mr Ding Liqun, Vice President of Heilongjiang University, Mr Wang Ziqiang, Director-General of Copyright Department of NCAC, Professor. Wu Handong, President of Zhongnan University of Economics and Law and Mr Wang Jinmin, Director-General of Heilongjiang Copyright Bureau.
The experts included Xu Chao, Deputy Director-General of Copyright Department of NCAC, Gao Si, Director of Law Agency of Regulation Department of NCAC, Ms Silke von Lewinski, IP Expert on Genetic Resources and Intellectual Property at the Max-Planck IP Research Centre and Ms Gyta Berasneviciute, Chief Expert of the Copyright Department of the Ministry of Culture of the Republic of Lithuania.
Traditional Cultural Expressions (TCE) and Expressions of Folklore (EoF) are integral to the cultural and social identities of indigenous and local communities. They embody know-how and skills, and they transmit core values and beliefs. Their protection is related to the promotion of creativity, enhanced cultural diversity and the preservation of cultural heritage.The workshop addressed a number of questions of high interest to NCAC; with the European experts providing clarification on defining the subject and scope of protection of folklore, including the evolving situation of copyright protection of Chinese folklore works and the evolving international discussion on folklore; the difference between the copyright protection and a sui generis protection regarding TCEs/ EoF; practices and experiences of TCEs/EoF protection and evaluation of Article 15.4(a) of the Berne Convention and the relevant provisions of the articles of the World Performances and Phonograms Treaty (WPPT) and the selection of a system for the protection of folklore. Specifically:
What is the nature and definition of TCEs/EoF to be protected? How does it differ from objects of Copyright? How does it differ from objects of intangible cultural heritage? What is the standard of the protected object?
Who shall benefit from this kind of protection or be the right holder of protectable TCEs/EoF?
What are the protection objectives (economic rights, moral rights…)?
What is the nature of the right of ownership (exclusive rights, remuneration right and so on)? And how to exercise these rights? And in which way (collective management ….)?
Regarding conduct related to protectable TCEs/EoF, what is not acceptable nor legal?
What are the limitations or exceptions to the protectable TCEs/EoF?
How long shall the term of protection last?
What remedial measures or sanction measures shall we take to handle those unacceptable or illegal conducts?
What are the issues to be addressed at the international level? And what are the issues to be addressed at the domestic level?
How to treat the foreign right owners or beneficiaries?
What are the roles of government agencies or other competent organisations?
Summary paper - Practices and experiences of TCEs/EoF protection in the EU, Gyta Berasneviciute, Chief Specialist of Copyright Division, Ministry of Culture of the Republic of Lithuania - 51.75 KB
The NCAC, under the General Administration of Press and Publications (GAPP) supports legislative and policy developments relative to the protection and enforcement of copyrights and related rights in China, and supervises local Copyright Bureaux in carrying their tasks of administering piracy cases.
National Copyright Administration of China (NCAC)
For more information on traditional knowledge and folklore protection, contact Mr Benoit Misonne
For general information on IPR2, contact Ms Tamryn Barker.
[IPR2 ref: CC4.AW2.006]