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Traditional Context

Intellectual Property Rights

Traditional Context

Traditional Context

“Traditional” means that the traditional knowledge or cultural expressions are developed according to the rules, protocols and customs of a certain community, and not that they are old.  In other words, the adjective “traditional” qualifies the method of creating traditional knowledge or cultural expressions and not the knowledge or expressions themselves. The term “traditional” means that the knowledge or cultural expressions derive from or are based upon tradition, identify or are associated with an indigenous or traditional people, and may be practiced in traditional ways. “Traditional context” refers to the way of using traditional knowledge or traditional cultural expressions in their proper artistic framework based on continuous usage by the community.  An example could be the use of a ritual dance in its traditional context, as referring to the performance of the said dance in the actual framework of the rite.

As indicated in the “Elements of a Sui Generis System for the Protection of Traditional Knowledge” traditional knowledge is “traditional” because it is created in a manner that reflects the traditions of the communities.  “Traditional”, therefore, does not necessarily relate to the nature of the knowledge but to the way in which the knowledge is created, preserved and disseminated.