[PART OF AN INTERVENTION OF THE DIRECTOR GENERAL
OF WIPO
IN THE WORKING GROUP
PROPERTY ASPECTS
OF
FOLKLORE
JANUARY
What
I
is
shall
ON THE
the purpose
7,
of
PROTECTION,
in a few words
These views
shared by the Secretariat of Unesco.
the Secretariat of Unesco differ,
and
enrich
step further
folklore.
as
the
-
may not be
But if the views of
so much the better.
increase the number
of
A
options
the discussions.
The purpose of
one
ON
this meeting?
it.
variety of views will only
MADE
1980]
try to describe it
Secretariat of WIPO sees
INTELLECTUAL
this meeting,
thoughts
Protection,
in my view,
is
to carry
about how to protect creations
in our view,
of
means the prohibition
of unauthorized and unwarranted exploitation by persons
or
entities who or which have no role
and no merit
connection with the creation of folklore.
means
protection
Now,
folklore
That
against
naturally,
any distortion
one
has
to
should be protected.
is why the name of
accept
in
Protection
and
the
In our view,
this Working Group,
any degradation.
premise
that
it should be.
namely,
"Working Group on the Intellectual Property Aspects
Folklore Protection"
contains
the word
If one does not accept the premise of
of protection,
then,
to reach back to
of course,
the more
preliminary question,
But,
desirable,
tions.
as
I
have
and this is
the desirability
the discussion has first
fundamental
in
our
the basis
of
"protection."
question,
whether protection
said,
also
view,
of
all
to the
is desirable.
protection
is
further considera
Accepting this premise,
at least as a working hypothesis,
the next question is what form should the protection take.
Do we mean protection of a kind we are used to in the fields
of inventions,
literary and artistic works,
tion sanctioned by law?
that is,
a protec
Or do we mean a protection which, if
not respected,
is merely sanctioned by opprobrium, by moral
condemnation?
The choice between those two possibilities
has, naturally,
protection
important consequences on the form that the
should
take.
If what is aimed at is
then,
legally sanctioned protection,
it seems inevitable that the matter be dealt with in
the legislations of the various countries and—in inter
national relations—in treaties among countries.
If what is aimed at is moral opprobrium,
then the form
of expressing such opprobrium may be a declaration,
resolution or recommendations.
These are perfectly
legitimate and customary expressions of opinion.
have a persuasive power.
a
But, naturally,
They
if one is already
persuaded that folklore needs protection, declarations,
merely mean preaching to the converted,
to advance things on the practical
etc.,
and does not seem
level.
This is why we chose the first alternative and tried,
in our document No.
2, which—it should be noted—is a
document of WIPO's Secretariat only,
to imagine legal
provisions, model provisions for national
laws.
Naturally, we do not think that the provisions contained
in our document are the wisest anybody can find.
We submit
these provisions for your consideration with considerable
trepidation,
the more so as we full-well know it that we
tread on new ground.
-
I
or
am not going to
section
by
for your
later,
in
hear
the
further
about
one
-
analyze,
section,
submit
3
the
either
draft model
consideration.
course
of
the
My
I
and
their
colleagues
merely
totality
provisions
discussions,
explanations.
last question,
in
if
this will
will do
you
should
we
wish
like
to
that
to
speak
also conclude my
intervention.
That question
protected,
of
what,
folklore."
and we
valid
in
th■
our
Defining
do not
definition
of
what
terminology,
is
called
folklore
think that our
definition.
definition valid
to
is
By
for
all
such
a definition
limited
one,
not
what we
need
is
for
purposes
In
the
particular,
necessarily
tion
of
a
phenomenon.
of
may
a definition
that
a
law which
do not
good
one
as
a
Social
for
the
social
not even
think
we
usable
for
our
phenomenon
and
of
or
a
purposes
of
legal
than
analysis
specialists
of
art
critique,
The reason
for
it
a practical
needs
a degree
other
purposes.
finding
is
other
that
matter,
of
be
considera
the
protection.
one
is
in
respective
narrower
appropriate
experts
somewhat different definitions
namely,
that
cultural
at
one,
aim a
protection.
the
arrive
their
attempt
definition
civilization,
of
a
namely,
purposes
scientists,
mean
our
that
creations
difficult
considered
provides
pretend
I
We did
is
be
a universally
or
limited
as
we
one:
of
is
culture
purposes
a
purposes.
universal
we
foklore
definition
since
"the
notoriously
"universally valid,"
find
a
is
should
disciplines.
a definition
The
for
Our
the
aim is
serving
definition
is
the
probably
disciplines
would
the
folklore which
kind
of
surrounded
by
a
concreteness which
is
not
a
recognize.
legal
can,
protection,
imperative
for