Роль ЮНЕСКО и ВОИС в международно-правовой охране традиционных выражений культуры и традиционных знаний

Abstract

INTRODUCTION. This article is devoted to analyzing the United Nations Educational, Scientific and Cultural Organization and World Intellectual Property Organization’s approaches to the protection of traditional cultural expressions and traditional knowledges. The study is aimed at comparison the UNESCO and WIPO’s instruments for traditional cultural expressions and traditional knowledge protection. MATERIALS AND METHODS. Research material include Conventions and “soft-law” instruments developed and adopted under UNESCO and WIPO auspices. The main methods of research consist of comparative method, method of description and historical method. RESEARCH RESULTS. The article describes chronological order of traditional cultural expressions and traditional knowledges including in the international agenda. In this research UNESCO and WIPO’s individual and collaborative efforts are taken into consideration. Great attention is paid to Proclamation of the masterpieces of the oral and intangible heritage of humanity program and its selection criteria. The article is illustrated by the examples of masterpieces of the Oral and Intangible Heritage of Humanity. The concept of intangible cultural heritage as defined in the Convention for the Safeguarding of the Intangible Cultural Heritage is a subject of a detailed analysis. This definition is compared with the WIPO concepts of traditional cultural expressions and traditional knowledge. DISCUSSION AND CONCLUSION. The article concluded that the intangible cultural heritage definition elaborated by the UNESCO is broad enough. It includes both traditional cultural expressions and traditional knowledge elements in terms of the World Intellectual Property Organization. The author concludes that the UNESCO promotes an integrated approach to traditional cultural expressions and traditional knowledge protection and is focusing increasingly on the its conservation while the WIPO focuses on preventing its illicit use.