Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Acknowledging that the protection of traditional cultural expressions should contribute toward the promotion of creativity and innovation, and to the transfer and dissemination of traditional cultural expressions for the mutual advantage of holders and users in a manner conducive to social and economic welfare and to a balance of rights and obligations. [...] Recognizing and reaffirming the role that the IP system plays in promoting innovation and creativity, transfer and dissemination of traditional cultural expressions and economic development, to the mutual advantage of stakeholders, providers and users of traditional cultural expressions. [...] (b) where the traditional cultural expression is included in a process: (i) making use of the process beyond the traditional context; or (ii) carrying out the acts referred to under sub-clause (a) with respect to a product that is a direct result of the use of the process; or (c) the use of traditional cultural expression in research and development leading to profit-making or commercial purposes.. [...] (b) where the traditional cultural expression is included in a process [or] where a process has been developed or obtained on the basis of a traditional cultural expression: exploiting of the process; or carrying out the acts referred to under sub-clause (a) with respect to a product that is a direct result of the use of the process; (c) where the traditional cultural expression is included as par. [...] use/utilize the knowledge in a manner that respects the cultural norms and practices of the beneficiaries as well as the [inalienable, indivisible and imprescriptible] nature of the moral rights associated with the [protected] traditional cultural expressions.