INTELLECTUAL PROPERTY ASSIGNEMENT

NO NAME ID

1 Tsinuel Endale 10004

2 Dame Tilehun 1645

3 Asimamawu Shiferaw 2630

4 Miheret Admasu 2764

5 Andualem Agegnew 0167

6 Nesru Abidela 1753

Submitted to: Instructor melese

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Introduction

Traditional cultural expressions encompass the diverse range of artistic and cultural practices that are
passed down through generations within communities. These expressions include music, dance,
storytelling, rituals, crafts, and other forms of intangible cultural heritage. They reflect the unique
identities, beliefs, values, and ways of life of communities around the world. Traditional cultural
expressions are an integral part of cultural diversity and contribute to the social fabric of societies. They
hold significant historical, social, and economic importance, serving as a bridge between the past and the
present, and as a source of identity and pride for communities.

Definition of traditional cultural expression

In the Ethiopian context, traditional cultural expression refers to the diverse range of artistic, musical,
linguistic, and ritual practices that have been passed down through generations within Ethiopian
communities, reflecting the country's rich cultural heritage and identity.1

In the context of international law, traditional cultural expression refers to the manifestation of cultural
heritage that is transmitted from generation to generation among communities, groups, or individuals. It
encompasses various forms of expressions such as music, dance, storytelling, visual arts, handicrafts,
rituals, and traditional knowledge systems. These expressions are deeply rooted in the cultural identity
and traditions of a particular community or society and reflect their values, beliefs, customs, and
history.2Traditional cultural expression is recognized as an important aspect of cultural diversity and is
protected under various legal instruments. The concept finds its origins in the recognition of the rights of
indigenous peoples and local communities to their cultural heritage. The United Nations Declaration on
the Rights of Indigenous Peoples (UNDRIP) acknowledges the rights of indigenous peoples to maintain,
control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural
expressions.3

The protection of traditional cultural expression is also addressed in international intellectual property law.
The World Intellectual Property Organization (WIPO) has recognized the importance of safeguarding
traditional cultural expressions and has developed the Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge, and Folklore. This committee aims to develop
international legal instruments for the protection of traditional cultural expressions and traditional
knowledge.4

Importance of Protection of Traditional Culture Expressions

Protecting traditional cultural expressions (TCEs) is crucial for the preservation and promotion of cultural
diversity, human rights, and sustainable development. TCEs encompass a wide range of expressions,
including music, dance, art, crafts, rituals, languages, and knowledge systems that have been passed down

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1 Ethiopian Ministry of Culture and Tourism, "Protection of Ethiopian Cultural Heritage Proclamation No. 209/2000,".
2
UNESCO. "Traditional Cultural Expressions." Accessed November 17, 2023. https://ich.unesco.org/en/traditional-cultural-expressions-00003.

3
United Nations General Assembly, United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, 13 September 2007

4
World Intellectual Property Organization, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge, and Folklore. Accessed November 17, 2023. [

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through generations within specific communities. Here are some reasons why protecting TCEs is of
paramount importance:

1. Cultural Diversity: TCEs represent the rich heritage and diversity of human cultures worldwide.
They reflect the unique identities, values, beliefs, and practices of different communities. By
safeguarding TCEs, we ensure the preservation of cultural diversity, fostering respect, tolerance,
and mutual understanding among diverse groups.

2. Identity and Empowerment: TCEs play a vital role in shaping individual and collective identities.
They provide a sense of belonging, pride, and continuity for communities, strengthening social
cohesion and resilience. Protecting TCEs empowers communities to maintain their cultural
heritage and assert their cultural rights.

3. Intergenerational Knowledge Transmission: TCEs carry valuable knowledge, skills, and wisdom
accumulated over generations. They embody traditional ecological knowledge, sustainable
practices, and local innovations. By safeguarding TCEs, we ensure the transmission of this
knowledge to future generations, promoting sustainable development and the preservation of
traditional livelihoods.

4. Economic and Social Benefits: TCEs have significant economic potential, contributing to local
economies through cultural tourism, artisan crafts, traditional medicine, and cultural industries.
Protecting TCEs can stimulate economic growth, create employment opportunities, and alleviate
poverty, particularly in marginalized communities.

5. Intellectual Property and Rights: TCEs are often vulnerable to misappropriation, unauthorized
commercial exploitation, and cultural appropriation. By protecting TCEs, we safeguard the
intellectual property rights and moral rights of communities, ensuring they have control over their
cultural expressions and receive fair recognition and benefits.

PROTECTION OF TCEs IN ETHIOPIA

Constitutional Provisions
The Ethiopian Constitution, adopted in 1995, provides a solid foundation for the protection and
promotion of TCEs. It recognizes the rights of nations, nationalities, and peoples to develop their culture
and preserve their historical heritage (Article 39). Moreover, it acknowledges the right of communities to
maintain, promotes, and develop their cultural values and practices, including TCEs. These constitutional
provisions lay the groundwork for the legal protection of TCEs and highlight the importance of
preserving Ethiopia's cultural diversity and heritage.

Legislative Framework
Ethiopia has enacted several legislative measures that contribute to the protection of TCEs. The following
key legal provisions serve as the foundation for the legal protection of TCEs in Ethiopia:.

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 Proclamation No. 209/2000 on the Rights and Benefits of Communities
Proclamation No. 209/2000 recognizes the rights of communities over their traditional knowledge,
innovations, and practices. These proclamations consider the TCE as the intangible cultural heritage5 .The
proclamation does not specifically focus on the protection of traditional cultural expressions as a
standalone topic, it indirectly contribute to the protection of TCEs by recognizes the rights of
communities to maintain, promote, and develop their cultural values and practices.

Proclamation No. 482/2006 Access To Genetic Resources, and Community

Knowledge And Community Right
Proclamation No. 761/2012 specifically focuses on the protection of traditional knowledge, genetic
resources, and the rights of communities in Ethiopia. Traditional knowledge, including TCEs, is
recognized as a valuable cultural heritage that needs to be protected and preserved.6

This legislation highlights the importance of obtaining prior informed consent from communities before
utilizing their TCEs (art 7). It establishes mechanisms to ensure that communities have control over the
use, development, and commercialization of their traditional knowledge, including TCEs. The
proclamation also promotes fair and equitable benefit-sharing arrangements to ensure that communities
receive appropriate recognition and benefits from the commercial use of their TCEs( art 8 &9). Article
5(2) states “[t]he ownership of community knowledge shall be vested in the concerned local community”
this principle recognizes the value and significance of local knowledge systems, traditions and practices
that have been developed and accumulated over generations with in a specific community, it means that
the community has their authority and control over their knowledge is accessed, used, and shared. The
ownership empowers the community to make decisions regarding the preservation, dissemination, and
protection of their knowledge .

Copyright and Neighboring Rights Protection Proclamation No. 410/2004.

Copyright law of Ethiopia have no specific provision relating to protection of TCEs. The only article
which could be construed to refer to the protection for TCEs is found under the copyright and neighboring
rights protection (Amendment) proclamation No. 872/2012. This proclamation added applied arts to the
types of works that are protected under article 2 sub Article 30. Communities could benefit from this sub
article for their drawings, paintings, carvings, pottery, wood work, metal work etc. However, the problem
with this sub article is that it is not inclusive it refers only to the small portion of the manifestations
of TCEs.

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Research and Conservation of cultural Heritage Proclamation, Proclamation No. 209/2000, Federal Negarit Gazeta, Year 6,No.39 art 3(5)
6
Access to genetic resource and community knowledge and community right proclamation, federal negarit gazeta, proclamation no.
482/2006,year 13,no 13 article 10

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 Conclusion

In conclusion, traditional cultural expressions are a vital aspect of global cultural heritage. They preserve
and transmit knowledge, foster social cohesion, and contribute to the overall well-being of communities.
Protecting and promoting traditional cultural expressions is essential for maintaining cultural diversity,
ensuring the rights and dignity of communities, and fostering intercultural dialogue. By valuing and
respecting traditional cultural expressions, we can celebrate the richness of human creativity, strengthen
cultural identities, and promote understanding and appreciation among different communities. Preserving
and revitalizing traditional cultural expressions requires collaborative efforts from governments,
communities, civil society organizations, and the international community. Together, we can safeguard
and promote traditional cultural expressions, recognizing their intrinsic value and their contribution to the
enrichment and interconnectedness of our global cultural heritage

Reference
1. Access to Genetic Resources and Community Knowledge, and Community Rights
Proclamation. Federal Negarit Gazeta Year 13 No. 13. Proclamation No.
482/2006

2. Copyright and Neighboring Rights Proclamation, Proclamation No. 410/2004,Federal

Negarit Gazeta, Year 10, No. 54

3. Copyright and Neighboring Rights Proclamation,(Amendment) Proclamation No.

872/2014,Federal Negarit Gazeta, Year 21, No. 20

4. The Federal Democratic Republic of Ethiopian Constitution Proclamation No 1/1995(

“the Constitution”).

5. Research And Conservation of Cultural heritage Proclamation No. 209/2000

6. UNESCO. "Traditional Cultural Expressions." [available at

https://ich.unesco.org/en/traditional-cultural-expressions-00003]Accessed November 17,
2023

7. World Intellectual Property Organization, Intergovernmental Committee on Intellectual

Property and Genetic Resources, Traditional Knowledge, and Folklore. Accessed
November 17, 2023.