Introduction

For many years some governments have called for a special legal framework at international level for the protection of their traditional cultural expressions, or folklore of their indigenous communities. International organisations such as WIPO and UNESCO have over a period of more than 30 years identified and sought to address legal, conceptual, operational and administrative needs and issues in this area. At national level, a number of jurisdictions already enacted legislation for the protection of folklore, either through the creation of a sui generis protection mechanism, or special provisions in existing intellectual property or copyright laws.

There have been several attempts to protect folklore also at international level. The most recent initiative was launched by WIPO with the establishment of an Intergovernmental Committee in 2000. Since then, negotiations are underway which could lead to the adoption an international legal framework for protection, possibly in the form of an international treaty.