Intellectual Property Right in Aboriginal Cultural Legacy Shall be Protected
E020804Y3 Sep. 2002（E37）
In order to protect the aboriginal traditional intellectual property rights, the Council of Indigenous Peoples, Executive Yuan drew up the draft Aboriginal Traditional Intellectual Creation Protection Law few days ago. According to the draft Law, the right owner of the aboriginal intellectual creation shall be defined as a people, tribe or family, i.e. a collective right. Meanwhile, the draft Law also defines that such protection shall be a perpetual protection and all revenues gained from any exclusive license shall be exploited for the benefit of aboriginals solely.
The draft Law also defines that any one who infringes the right owner of aboriginal intellectual creations intentionally or negligently shall be liable for the damages and the right to claim damages shall be exercised within 10 years.
The aboriginal traditional intellectual creations are identified as folklore arts and representations of other cultural achievements, such as traditional religious rituals, music, dance, songs, sculptures, weave, designs and dress.
Source: Liberty Times 08/04/2002
