The Protection of Traditional Cultural Expressions in Africa

This Book Evaluates The Protection Of Traditional Cultural Expressions In Africa Using South Africa, Kenya, Nigeria And Ghana As Case Study Examples In The Light Of Regional And International Approaches In This Respect. Such Protection Is Considered In The Context Of A Combination Of Positive Protection Models Such As The Protection Offered By Intellectual Property Rights And Negative Protection Such As Tangible Heritage Protection And Authorisations By National Competent Authorities. These Models Are In Turn Assessed Taking Into Consideration Human And Peoples' Rights Frameworks, Which Recognise And Affirm Group Entitlement To, Among Others, Traditional Cultural Expressions. These Frameworks Ensure That Such Traditional Cultural Expressions Are Available For Further Innovation And Creativity. Preface; Contents; List Of Abbreviations; Chapter 1: Introduction: Key Issues In The Protection Of Traditional Cultural Expressions In Africa; Organisation Of This Book; References; Chapter 2: Traditional Cultural Expressions In Africa; Introduction; Traditional Cultural Expressions And Traditional Knowledge; Key Issues And Challenges In The Protection Of Traditional Cultural Expressions In Africa; Culture And Traditional Cultural Expressions; Communities In African States And Expressions Of Folklore; Perpetuity Of Traditional Cultural Expressions Traditional Cultural Expressions As Information Goods: An Appropriate Balance Between Protection And Accessexamples Of Traditional Cultural Expressions In Africa; Detailed Examination Of Selected Traditional Cultural Expressions; Indigenous Textiles; Indigenous Textiles In Ghana: Kente And Adinkra; Indigenous Textiles In Nigeria; Rooibos Tea In South Africa; Traditional Literary, Dramatic And Musical Works As The Foundation Of The African Film Industry; Conclusion; References; Chapter 3: The Negative Protection Of Traditional Cultural Expressions In Africa The Features Of A Negative Model For The Protection Of Expressions Of Folklore In African Statesvesting Ownership Of Traditional Cultural Expressions In The State; Conditions For The Authorisation Of Use Of Traditional Cultural Expressions; Use Put To Funds Raised From Authorizations To Use Traditional Cultural Expressions; Free Use Of Traditional Cultural Expressions; Protection Of Moral Rights; Administration Of The Protection Of Traditional Cultural Expressions Regime; The Negative Protection Model Of The Swakopmund Protocol; Objectives And Criteria For Protection Formalities In The Protection Of Expressions Of Folkloreduration Of Protection Of Expressions Of Folklore; Third Party Use Of Expressions Of Folklore; Exceptions And Limitations; Sanctions, Remedies And Enforcement; Expressions Of Folklore In Neighbouring Communities In Aripo States; Protection Of Foreign Expressions Of Folklore; Recognition Of Communities As Owners Of Expressions Of Folklore; Moral Rights; Preferential Treatment Of Members Of Communities Of Origin; Conclusion; References; Chapter 4: Heritage Protection And Traditional Cultural Expressions In Africa Tangible Heritage Protection As National Heritage In African Statesthe Meaning Of Heritage; Identification Of Cultural Heritage; Ownership Of Tangible Heritage; Management Of Heritage Protection; Community Ownership Management And Participation In Heritage Protection; Conclusion; References; Chapter 5: The Positive Protection Of Traditional Cultural Expressions By Intellectual Property Rights In Africa; African States That Recognise `traditional ́intellectual Property Rights As A Means Of Protecting Traditional Cultural Express... Enyinna Nwauche. Includes Bibliographical References. Annotation This text evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples' rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity Front Matter....Pages i-xvii Introduction: Key Issues in the Protection of Traditional Cultural Expressions in Africa....Pages 1-10 Traditional Cultural Expressions in Africa....Pages 11-51 The Negative Protection of Traditional Cultural Expressions in Africa....Pages 53-78 Heritage Protection and Traditional Cultural Expressions in Africa....Pages 79-95 The Positive Protection of Traditional Cultural Expressions by Intellectual Property Rights in Africa....Pages 97-150 A Rights Framework for the Protection of Traditional Cultural Expressions in Africa....Pages 151-199 Conclusion....Pages 201-212 Back Matter....Pages 213-223