FTF Executive Director Acknowledges New Artisan Intellectual Property Rights Law

Intellectual Property Rights for Indigenous Artisans

Intellectual Property Rights for Indigenous Artisans
The new Mexican President has announced
that this Sexenio will be the: “Administration of Culture”

INAH held conferences in August and September regarding this theme.

Fair Trade might want to get out in front of this. I recommend you borrow
the language of the government officials themselves then you can’t go wrong
coming out with your policy even before any FTF member ever gets challenged.

Please let me know if you have any questions about this note.
Chris, please let me know if you have received this message.
Best wishes from Mexico.
Thank you. Martin R

Authorship Rights of Indigenous Mexican Artisanas

María Elisa Velázquez and Fidencio Briceño added that in this cycle of conferences, not only experts from INAH participate but also specialists in law and, more importantly, members of collectives such as the Association of Voladores, from Veracruz, defenders of knowledge such as embroidery Tenango de Doria, Hidalgo, or of the Women’s Association for the Development of Sacatepéquez, Guatemala.

They recalled that the activity is carried out within the framework of the International Day of the Indigenous Peoples, commemorated every August 9 in accordance with the decree of the United Nations (UN), established on December 23, 1994.

Anthropologists noted, however, that this ephemeris is not merely symbolic, as it seeks to recognize and “know” the multicultural heritage of each nation, and at the same time bring to mind violent or discriminatory acts, which are usually the origin of said international declarations.

After the opening ceremony gave way to the table “Collective rights and intellectual property, the state in question,” where the national coordinator of Anthropology, Maria Elisa Velázquez, announced that the area under her charge has been working for two months to create a platform of Registration of Cultural Heritage and Market. This tool, she said, will soon be available to the public on the CNAN website and will make visible cases in which a community is being affected by an appropriation of its knowledge.

“It is a map in which we will document which people are affected, in what way and by whom, in order for this to serve as an input for research within INAH itself, or as a source of information for future regulations or actions, for part of other public or private instances, in the matter “. He abounded that those who are interested in sending a case, can register it by contacting the Anthropological Expertise Program of the CNAN.

In the first table, Xóchitl Zolueta Juan, head of the Anthropological Experts Program of the CNAN, participated; Martín Michaus Romero, lawyer for the Office Basham, Ringe and Correa; and Jesús Parets Gómez, director of the Public Registry of Copyright, of the National Institute of Copyright (Indautor).

The specialists recognized that, from the point of view of intellectual property, there are opposing points in the matter, since often a private individual seeks to register a product whose elaboration belongs or belongs, patrimonially speaking, to a popular collective.

They added that the characteristics of indigenous creations have a free use within their populations of origin and do not have a specific author since many artisans share the same knowledge.

In spite of the above, they agreed that currently, Mexican legislation and institutions provide communities with tools to, for example, grant a collective mark to a specific town or civil association, or designations of origin and geographical indications to products characteristic of a region.

In addition to insisting on the need for greater approaches between jurists, anthropologists and communities, they concluded that society in general, that is, consumers, should also be aware of the issue and, preferably, investigate whether the product they acquire really takes into account or It benefits the indigenous community that it says derive from.

Chris Solt <cs@fairtradefederation.org>

Nov 13, 2018, 12:51 PM

to me
 Hi Martin,
I appreciate you forwarding this information on to me, but know that the FTF does not get involved with policies/laws of individual countries as they change, especially because our members are working in well over 50 countries. We have over 250 members, and each is expected to comply with all local laws, and in addition, adhere to our principles and code of practice.
I will forward this to the members that are working in Mexico specifically, so that they are aware. Otherwise, it does not change our approach to fair trade as a trade association, nor is it necessary to adopt a specific policy above and beyond our current approach.
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