The cultural divide: Traditional cultural expressions and the entertainment industry in developing economies
type: CreativeWork
description: This study addresses a number of pertinent issues concerning Traditional Cultural Expressions [TCEs], specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the entertainment industry and other economic sectors as well. The biggest underlying issue therefore is – whether TCEs should be recognized within the domain of Intellectual Property Rights. The fact that TCEs are considered as part of the public domain raises a key issues as to how they can be protected so as to serve the interests of ethnic communities, States, as well as the users of the TCEs. The claim made in this study is that because of the communal nature of ownership and difficulty in defining TCEs, this has contributed to their abuse by all users. The current origin-based I.P regimes are considered as inadequate in protecting TCEs which are mainly characterized by communal ownership and absence of fixation. This therefore calls for a specific sui generis regulatory mechanism that can address the interests of all stakeholders with a view of effective utilization of TCEs towards socio-economic development. On the regulatory scene, the study looks at International Instruments, Regional Treaties as well as select National Laws from Africa in evaluating the current adequacy of protection offered to TCEs. In this evaluation, it points out key principles that amount to protection of TCEs and scrutinizes their inclusiveness in the current regulatory mechanisms. The study also relies on multiple case studies to show the extent of TCE appropriation in different parts of the world. It brings in empirical findings drawn from field research, mainly in Uganda, to highlight stakeholder perspective…
abstract: This study addresses a number of pertinent issues concerning Traditional Cultural Expressions [TCEs], specifically in relation to what they are and the dilemma surrounding ownership vis-à-vis custodianship in an environment that is biased towards protection of Intellectual Property Rights. The present inadequate legal recognition and, ultimately, insufficient international recognition and protection of TCEs has orchestrated the misappropriation of such works for the benefit of the entertainment industry and other economic sectors as well. The biggest underlying issue therefore is – whether TCEs should be recognized within the domain of Intellectual Property Rights. The fact that TCEs are considered as part of the public domain raises a key issues as to how they can be protected so as to serve the interests of ethnic communities, States, as well as the users of the TCEs. The claim made in this study is that because of the communal nature of ownership and difficulty in defining TCEs, this has contributed to their abuse by all users. The current origin-based I.P regimes are considered as inadequate in protecting TCEs which are mainly characterized by communal ownership and absence of fixation. This therefore calls for a specific sui generis regulatory mechanism that can address the interests of all stakeholders with a view of effective utilization of TCEs towards socio-economic development. On the regulatory scene, the study looks at International Instruments, Regional Treaties as well as select National Laws from Africa in evaluating the current adequacy of protection offered to TCEs. In this evaluation, it points out key principles that amount to protection of TCEs and scrutinizes their inclusiveness in the current regulatory mechanisms. The study also relies on multiple case studies to show the extent of TCE appropriation in different parts of the world. It brings in empirical findings drawn from field research, mainly in Uganda, to highlight stakeholder perspective…
author: Kakooza, Anthony
language: en
keywords: Traditional Cultural Expressions, Sui Generis
date published: 2014-05-30T16:43:20Z
date modified: 2026-07-22T22:25:38Z
provider: University of Illinois - Urbana-Champaign
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Illinois at Urbana-Champaign

PropertyValue
property ID: Handle
value: http://hdl.handle.net/2142/49425