International Intellectual Property Law and Traditional Crafts: A Case Study

Summary

This case study uses historic looms and weaving techniques from around the world to explore the complexities of protecting traditional craft technologies used by modern groups. Descendant and indigenous communities worldwide, especially in developing nations, are using sale of their traditional crafts as a way to benefit from the increasingly popular cultural tourism industry. Cultural heritage management initiatives and the ethical sourcing of cultural materials call for more relevant and focused intellectual property laws around the world. By legally protecting the processes of production and the traditional colors, motifs, and forms associated with traditional crafts, indigenous groups can gain legal control of their heritage, and in turn control any economic benefit that may come from it by barring cultural appropriation through illegitimate copies. However, as this study illustrates, existing intellectual property laws cannot be effectively applied to very old and complex traditional skills. A primary difficulty comes in the form of defining ownership of tangible and intangible cultural heritage. With a focused analysis of this and related problems, solutions can begin to be explored which could aid in the economic growth of indigenous communities, and therefore encourage the retention of innovative traditional knowledge.

This Resource is Part of the Following Collections

• Society for American Archaeology 81st Annual Meeting, Orlando, FL (2016)

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