The traditional cultural expressions: A dimension from the characterization of Lumbalu as a traditional knowledge

被引:2
|
作者
Vargas-Chaves, Ivan [1 ]
Manotas-Bolano, Inmaculada [2 ]
Cassiani, Ines [3 ]
机构
[1] Univ Barcelona, Derecho, Barcelona, Spain
[2] Univ Tecnol Bolivar, Ingn, Cartagena, Colombia
[3] Univ Tecnol Bolivar, Programa Derecho, Cartagena De Indias, Colombia
关键词
Traditional knowledge; traditional cultural expressions; Lumbalu; literary and artistic works; intellectual property; San Basilio de Palenque;
D O I
10.17081/just.23.33.2883
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In order to characterize traditional cultural expressions as a scarcely studied category of traditional knowledge. In this paper, the main cultural expressions associated to the Lumbalu ritual of San Basilio de Palenque were analyzed. We argue that there is a state of unprotected knowledge, traditions and customs that configures as 'works', and we conclude that there must be a comprehensive regulatory framework that addresses the needs and expectations of communities. To achieve this, on the one hand we maintain that there must be a duty to guarantee free, prior and informed consent for access through prior consultation. On the other hand, we call for a fair sharing of benefits for economic exploitation, among other protection strategies that seek to give a special category to traditional cultural expressions as a key link of traditional knowledge.
引用
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页码:71 / 90
页数:20
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