Is the registration system a prerequisite for the protection of traditional cultural expressions?

Abstract

There are a few countries that have adopted a sui generis system to protect traditional cultural expressions (TCEs), including Panama in 2000, Taiwan in 2007, Kenya in 2016, and South Africa in 2019. From the operating experience of Taiwan from 2015 to 2021, we can see that there are many problems in the operation of the registration and examination system for protection of TCEs. This article collects and analyzes the model laws of several international organizations, including the 1982 UNESCO and WIPO Model Provisions, the 2002 Pacific Model Law, and the 2010 Swakopmund Protocol passed by the African Regional Industrial Property Organization (ARIPO). These model laws all recommend the protection of TCEs without the need to adopt an ex-ante registration and examination system. The guidelines of the Pacific Model Law suggest that a notification system may be adopted. Although Kenya’s 2016 law adopted a registration system, the registration system is voluntary and closer to the notification system.