REPUBLIC OF PANAMA

Article 1.     The purpose of this Act is to protect the collective intellectual property rights and traditional knowledge of indigenous peoples over their creations, such as inventions, models, drawings and designs, innovations contained in the images, figures, symbols, graphics, stone carvings and other details; as well as the cultural elements of their history, music, art and traditional forms of artistic expression susceptible to commercial use, via a special system to register, promote and market their rights, in order to highlight the sociocultural values of indigenous cultures and render social justice unto them.

Article 2.     The customs, traditions, beliefs, spirituality, religion, cosmic view, folkloric expressions, artistic manifestations, traditional knowledge and all other traditional forms of expression of indigenous peoples are part of their cultural heritage; they can therefore not be the object of exclusive rights of any kind on the part of third parties that have not been authorized via the intellectual property system, such as royalties, industrial designs, brands, geographical indications and other indications, unless expressly requested by the indigenous peoples. Nevertheless, the rights recognized above will be observed and unaffected pursuant to existing legislation.

Article 3.     Is hereby recognized as traditional indigenous dress that worn by the Kuna, Ngöbe and Buglé, Emberá and Wounaán, Naso and Bri-bri people, such as:

1. Dule mor. Consists of the combination of clothing with which Kuna men and women identify the culture, history and portrayal of their people. It is made up of the morsan, saburedi, olassu and wini.



2. Jio. Consists of the combination of clothing with which Embera and Wounaán men and women identify the culture, history and portrayal of their people. The women use the wua (paruma), boró barí, dyidi dyidi, kondyita, neta, parata kerá, manía, sortija, kipará (jagua), kanchí (achiote) and kera patura. The men use the same pieces of clothing, except the paruma; men also use the amburá and andiá ear and chest coverings.



3. Nahua. Consists of the dress with which Ngöbe and Buglés women identify the culture, history and portrayal of their people. It is a one-piece, calf-length dress that is made of smooth, brightly coloured cloth and decorated with geometric appliqués of contrasting colours, and it includes a wide necklace made with beads.

The technical description of these traditional forms of dress will be recorded in their respective registers.

Article 4.     This Act recognizes the collective rights of indigenous peoples over their musical instruments, music, dances or performances, the oral and written manifestations that are part of their traditions and make up their historical, cosmological and cultural expression.

     The request for copyright of these collective rights will be made by the respective Congresses or traditional indigenous authorities to the Industrial Property Department of the Ministry of Commerce and Industry, hereafter DIGERPI, or to the National Copyright Department of the Ministry of Education, as appropriate, for approval and registration.

Article 5.     Are hereby recognized the collective rights of indigenous peoples over their traditional artistic and work tools, as well as over the technique to make them, expressed in national raw materials, through the elements of nature, their processing, elaboration, combination of natural dies, including the ivory wood and semi-precious wood (cocobolo and nazareno) carvings, traditional baskets, nuchus, beads, leather bags, and all other traditional cultural manifestations of these peoples.

     These rights shall be registered upon the request of indigenous Congresses or traditional authorities to the departments mentioned in the previous article.

Article 6.     Are hereby designated collective rights of indigenous peoples those objects incurring protection that can be registered as set out in this Act, in order to protect their originality and authenticity.

Article 7.     Is hereby created within the DIGERPI, the Departamento de Derechos Colectivos y Expresiones Folclóricas (Department of Collective Rights and Forms of Folkloric Expression), through which will be granted, among other things, copyright of the collective rights of indigenous peoples.

     This copyright shall be requested by indigenous Congresses or traditional authorities to protect their dress, arts, music and any other traditional rights incurring protection.

     The collective right copyrights of indigenous peoples shall neither lapse nor have a fixed duration; application for such copyright to the DIGERPI shall not require the services of a lawyer and shall be exempt of all payment. Recourse against said copyright must be notified personally to the representatives of indigenous Congresses or traditional authorities.

Article 8.     Shall be applicable to the present system, the provisions concerning collective brands and guarantee contained in Act 35 of 1996, insofar as they do not infringe upon the rights recognized in the present Act.

Article 9.     The DIGERPI will create the position of collective indigenous rights investigator, to protect the intellectual property and other traditional rights of indigenous peoples. This public servant shall be empowered to examine all applications made to DIGERPI in relation to the collective rights of indigenous peoples, to prevent registrations in violation of this Act.

Article 10.     The arts, crafts, dress and other forms of cultural expression of indigenous peoples shall be the object of promotion and encouragement by the Dirección General de Artesanías Nacionales del Ministerio de Comercio e Industrias (National Crafts Department of the Ministry of Commerce and Industry).

     The National Crafts Department or the Provincial Offices of said department, with the consent of local indigenous authorities and upon request by the interested party, shall stamp, print or affix, free of charge, a certification on the work of art, item of dress, craft or other form protected by patent or copyright, which testifies to the fact that it was created using traditional indigenous methods and/or by indigenous hands. For this purpose, the office issuing the certification has the authorization to inspect the workshops, materials, finished products and processes used.

Article 11.     The Ministry of Commerce and Industry will do what is necessary for indigenous craftspeople to participate and exhibit their work in national and international exhibitions. The National Crafts Department shall contribute to the celebration of Indigenous Craftspeople Day under the auspices of the Ministry.

Article 12.     In national and international presentations of Panamanian indigenous culture, the exhibition of indigenous people’s dress, dances and traditions shall be mandatory.

Article 13.     The Ministry of education shall include content in the school curriculum referring to indigenous artistic expression as an integral part of national culture.

Article 14.     Competent public institutions are empowered to publicize and promote, in conjunction with indigenous Congresses and traditional authorities, the history, customs, values, and artistic and traditional expressions (including dress) of indigenous peoples as an integral part of national culture.

     The exhibition and sale of indigenous crafts made by students shall be allowed at school fairs for the benefit of the students’ education centre.

Article 15.     The right to use and market the art, crafts and other cultural manifestations based on the traditional heritage of indigenous peoples must be governed by each people’s rules for use, approved and registered with the DIGERPI or with the National Copyright Department of the Ministry of Education, as the case may be.

Article 16.     Hereby exempt from the previous article are folkloric dance troupes that give artistic performances on the national and international scene. Nevertheless, the physical or legal persons organizing artistic performances to highlight all or part of an indigenous culture must include members of said culture in the performance. If it is not possible to hire these persons, the authorization of the respective indigenous general council or traditional authority shall be required in order to preserve the authenticity of the performance. The National Institute of Culture shall enforce the fulfillment of this obligation.

Article 17.     Is hereby added letter j to article 439 of the Administrative Code (Código Fiscal), as follows:

Article 18.     Is hereby added number 7 to article 16 of Act 30 of 1984, as follows:

Article 19.     Is hereby added a paragraph to article 55 of Act 30 of 1984, as follows:

Article 20.     Is hereby prohibited the industrial reproduction, in whole or in part, of traditional dress and other collective rights recognized in this Act, unless authorized by the Ministry of Commerce and Industry, with the prior express consent of indigenous Congresses and councils, and as long as it does not contradict the provisions of this Act.

Article 21.     In cases not covered by customs law and industrial property law, infractions of this Act shall be sanctioned, according to severity, with fines from one thousand Balboas (B/.1,000.00) to five thousand Balboas (B/.5,000.00). For repeat offences, the fine shall be double the above amount. The sanctions established in this standard shall be enforced in addition to the confiscation and destruction of the products used to commit the infraction.

     Of the fines levied pursuant to this article, fifty per cent (50%) shall go to the National Treasury, and the other fifty percent (50%) shall be earmarked for the investment expenses of the corresponding indigenous reserve or people.

Article 22.     The following authorities shall be empowered to apprehend the transgressors of this Act, to take preventive measures with regard to the respective products and articles and hand them over to the appropriate public servants:

1. The Chief of the reserve or the Governor of the province, in cases where the former does not exist.



2. The General Assembly of the corresponding indigenous reserve. For this purpose, the traditional authorities may request the help and co-operation of the Police Force.

Article 23.     Exempt from the present Act are small-scale non-indigenous craftspeople who earn their living producing, reproducing and selling replicas of Ngöbe and Buglé indigenous crafts and who reside in the districts of Tolé, Remedios, San Félix and San Lorenzo in the province of Chiriquí. These small-scale non-indigenous craftspeople may manufacture and market these replicas, but they may not claim the collective rights of indigenous peoples recognized by this Act.

Article 24.     The non-indigenous Panamanian craftspeople who, at the time of coming into effect of this Act, earn their living producing, reproducing and selling traditional indigenous crafts and are registered with the National Crafts Department, shall be allowed to carry out such activities with the consent of traditional indigenous authorities.

     The Ministry of Commerce and Industry, after checking the date of registration and the date on which the craftsperson’s license was issued, shall grant the corresponding permits and authorizations. However, non-indigenous Panamanian craftspeople must affix, write or indicate, in plain view, that the work is a replica, as well as its place of origin.

Article 25.     For the purposes of protection, use and marketing of the collective intellectual property rights of the indigenous peoples covered by this Act, the indigenous artistic and traditional forms of expression from other countries shall enjoy the same benefits established by said Act, provided they are the result of reciprocal international agreements with said countries.

Article 26.     This Act shall be regulated by the Executive via the Ministry of Commerce and Industry.

Article 27.     The present Act adds number 7 to article 16, and a paragraph to article 55 of Act 30 dated November 8, 1984, as well as letter j to article 439 of the Administrative Code, and abrogates all contrary provisions.

Article 28.     This Act will come into effect upon decree.

     LET IT BE KNOWN AND OBSERVED.

     Approved upon third reading, at the Palacio Justo Arosemena, Panama City, on the fifteenth day of the month of May of the year 2000.

NATIONAL EXECUTIVE BODY – PRESIDENCY OF THE REPUBLIC – PANAMA, REPUBLIC OF PANAMA, JUNE 26, 2000.