UNESCO has adopted the text of a Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The Convention aims to protect and promote the diversity of cultural expressions, but it also envisages interaction and dialogue between cultures. From the IP point of view, this Convention may be significant since Art.5-7 speak about the protection that states may give to cultural expression. The form that such protection should take is gloriously imprecise, although there is a non-exhaustive list of the types of protection that Member States might want to offer in Art.6. There is also the possibility for Members to take special measures to protect cultural expressions that are on the verge of extinction or otherwise in serious or urgent danger. However, there does not appear to be an inbuilt mechanism for enforcing the treaty “obligations”.
The IPKat isn’t too familiar with the workings of UNESCO. If anyone can tell him what this Convention will mean in practice for IP law, he’d be much obliged.
What the Convention might mean for geographical indications here.
NEW CONVENTION ON CULTURAL EXPRESSIONS
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Monday, October 31, 2005
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