INDIGENOUS WOMEN'S ART DESIGNS
Inter-American Workshop on Intellectual Property Rights Ottawa, April 21-24, 1999
Summary of Working Group Discussions and
Proposals for Actions, Reflexion and Training
Summary of Working Group Discussions
Indigenous Knowledge
- Designs originate from their surroundings: the natural world, internal world and dreams. They are an inter-generational cultural inheritance.
- The symbols contained in designs and patterns let a people take their own identify, and communicate their culture, values and vision of the world.
- Indigenous art is transformed into merchandise when outsiders define its parameters (ideas, colours, styles, etc).
Globalization
- There is still a great deal of confusion around the concept of globalization among the participants.
- Globalization tends to generate exclusion and is a threat to cultural integrity.
- The positive aspect is that women can use globalization and communication opportunities to unite.
Western and Indigenous Concepts of Intellectual Property
- Designs belong to the group: the community, the clan, the people.
- Designs emerge from a process of collective symbiosis and individual creativity.
- The concept of intellectual property refers to a "Me" that is individual while indigenous peoples speak in terms of "us."
- "Intellectual Property" conotes commercialization, "heritage" is more relevant to cultural dimensions.
- The term "copy" refers to the reproduction of a design or pattern for commercialization and mass production. The spiritual dimension is then lost.
- "Reproduction" is used to refer to the cultural transmission of a design and is permitted under the internal rules that exist in the community.
- Indigenous Peoples have internal systems that regule the use of designs and patterns based on respect for the community and the individual.
- Intellectual property rights protect marketed goods but do not protect the cultural heritage of Indigenous Peoples.
General Conclusions
- It is better to use the term "cultural heritage of Indigenous Peoples" than "traditional knowledge" because our cultures are not static but in constant evolution.
- It is better to use the term "art" rather than "craft" to define Indigenous Peoples’ creative activity as it recognizes the importance and value of indigenous art. It is also at the base of a process of recuperating our cultural heritage. Indigenous designs are art and the participants feel that "craft" is often used to discredit the work.
- We are responsible for our cultural heritage. It is we who must seek mechanisms to protect it.
Proposals for Actions, Reflexion and Training
- Develop a common understanding and elaborate a code of ethics with emphasis on the following:
- Protection of collective rights
- Protection of the environment and sustainable use of natural resources
- Establishment of treaties/agreements between various indigenous art organizations and indigenous communities
- Respect for what is sacred to our peoples. After defining it, prohibit its commercialization
- Maintenance and protection of the spiritual and cultural integrity of our designs
- Guarantee of good work conditions
- Respect for the intellectual property of each group and individual.
- Develop a standard contract to establish rules of ethics for dealing with intermediaries.
- Establish a pricing system that ensures fair prices to all producers.
- Ask our leaders and organizations to:
- Support women’s global voice (IWA’s continental initiative)
- Use self-government negociations to promote and protect indigenous knowledge and heritage
- Develop a proposal for legislation at a national level to protect heritage and indigenous knowledge
- Provide further study of international documents
- Organize workshops on intellectual property rights at the community and regional level
- Organize computer training to use the internet for research and information
- Promote use and recuperation of indigenous designs
- Reflect on how to develop a certification tag for indigenous products
- Review existing legislations concerning intellectual property rights.
- Define what our common cultural heritage is.
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