Protection of traditional knowledge and cultural expressions

By Mayora IP

Guatemala is a country of about 119,000 square kilometers, roughly equal to the size of Portugal. However, in addition to Spanish , in Guatemala 23 languages ​​are recognized as national languages, of which 21 are of Mayan origin. And just as each of the Guatemalan indigenous peoples have their own language, they have their own traditional knowledge and cultural expressions. These converge in a system of protection of intangible assets where the collective and own property of the indigenous peoples is not completely regulated by law.

After more than 17 years of discussions, in June 2016 the Organization of American States - of which Guatemala is a member - approved the American Declaration on the Rights of Indigenous Peoples, whose article XXVIII protects cultural heritage and Intellectual Property. It recognizes that indigenous peoples have the full right to recognition and respect for the ownership, control, possession, development and protection of their tangible and intangible cultural heritage, as well as the Intellectual Property generated by it, establishing a collective nature transmitted from immemorial times.

Within the intangible cultural heritage of the Guatemalan indigenous peoples, textiles stand out. Their intricate colorful designs have been transmitted from generation to generation over the years by weavers, who through their hands write a personal and collective history reflected in the textiles. For a person unfamiliar with the cultural heritage, at first glance textiles may seem just a beautiful handicraft. However, their symbols and designs vary depending on the occasion and the personal and social context of the person who wears it. Those differences are often imperceptible for a person who is not part of the community.

In recent months various organizations representing indigenous peoples weavers have filed lawsuits and campaigned to raise awareness of the rights these groups have. They have asked the government to take all necessary measures for protecting the intangible cultural heritage of their textiles. So far there is no clear national regulation that provides effective and clear protection to such textiles and the unique designs they have. The regulation under current discussion is expected to be balanced: it could provide mechanisms to reconcile different interests while ensuring no rights violation, giving an equal treatment both to nationals and foreigners.