Introduction
August 9 marks the International Day of Indigenous People, a date to reflect on the respect, protection and recognition of the cultures, traditions and rights of indigenous people worldwide. In Mexico, this day is especially significant due to the cultural richness that indigenous people represent in our country. However, one of the most important challenges they face is the protection of their cultural expressions, traditions and ancestral knowledge from abuse and misappropriation.
In this context, it is relevant to analyze the legal framework and initiatives that seek to guarantee the protection of copyrights on indigenous expressions, as well as the growing importance of Collective Intellectual Property (CIP), which offers a fundamental tool for the defense of their cultural and patrimonial rights.
Copyright of Indigenous Expressions in Mexico
Mexico’s Federal Copyright Law recognizes the need to protect literary, artistic and scientific creations, but, historically, the expressions of indigenous people have been marginalized within this legal framework. Indigenous songs, dances, oral traditions, weavings and other forms of cultural expression have not always enjoyed the same protection as the creations of individual authors. This is partly due to the lack of recognition of the collective and communal nature of these expressions, which do not always conform to the concept of individual authorship that prevails in the traditional copyright system.
Recently, Mexican legislation has taken important steps to recognize and protect indigenous cultural expressions within the Intellectual Property System. The Copyright Law establishes that, in the case of the expressions of indigenous people, copyright ownership corresponds to the community, and not to an individual, in recognition of their collective and ancestral character.
In addition, the National Copyright Institute (INDAUTOR) has begun to promote more inclusive mechanisms to register and protect the collective works of indigenous people, as part of a broader strategy for the defense of their cultural heritage.
Collective Intellectual Property: A Comprehensive Approach to the Protection of Indigenous Rights
Collective Intellectual Property (CIP) as previously mentioned, is a concept that has gained prominence in recent years and is a crucial legal avenue for protecting the knowledge and cultural expressions of indigenous communities. This approach recognizes that creations do not belong to an individual author, but to the community. The CIP becomes, therefore, a tool that seeks to guarantee the control and responsible use of the knowledge and cultural expressions that belong to indigenous communities.
In Mexico, important steps have been taken to incorporate the principles of CIP into legislation. In 2020, the Mexican Congress approved the Amendment to Article 2 of the Mexican Constitution, recognizing the Collective Rights of Indigenous People over their cultural heritage, which includes the protection of their knowledge, languages, religious practices, art and sciences. This Amendment laid the groundwork for greater inclusion of CIP in the legal protection of indigenous communities.
Recent Initiatives and Projects in this Field
At a national level, several institutions and civil society organizations have begun to work on strengthening the rights of indigenous peoples in the field of Intellectual Property.
Some noteworthy initiatives include:
- The Project for the Protection of the Rights of Indigenous People on their Intellectual Property of the National Commission for the Development of Indigenous Peoples (CDI), which seeks to promote the legal protection of indigenous cultural expressions and encourage the inclusion of these communities in the Intellectual Property System.
- The Alliance for the Protection of Traditional Knowledge between several indigenous people and international organizations, which has allowed the creation of databases for the registration of their knowledge and cultural expressions, facilitating their protection against commercial exploitation without consent.
- The implementation of the Digital Platform for the Registration of Indigenous Knowledge and Expressions, created by INDAUTOR, which allows indigenous communities to register and protect their collective works, such as music, art, dances and languages, with the support of specialized legal advisors.
Despite the progress made, several challenges persist in the effective protection of the rights of indigenous people over their cultural expressions. One of the main obstacles is the lack of knowledge and awareness of Intellectual Property Rights within indigenous communities themselves, as well as the limited capacity of national authorities to effectively implement and enforce legal frameworks.
Another major challenge is the misappropriation of traditional knowledge, especially in industries such as pharmaceuticals, fashion and entertainment, where companies often exploit the cultural resources of indigenous communities without obtaining their consent or offering fair compensation.
In conclusion, on the International Day of Indigenous People, it is fundamental to remember that the protection of copyrights and Collective Intellectual Property is not only a legal issue, but also a matter of social and cultural justice. Mexico, as a country with a great diversity of indigenous peoples, has the responsibility to continue strengthening its regulatory framework to ensure that indigenous communities can effectively protect their cultural expressions and be the holders of the benefits derived from their ancestral wealth.
At VAHG, we have extensive experience in the field of Intellectual Property and Copyrights, especially in the protection of cultural expressions and traditional knowledge of indigenous people. Our Firm offers legal advice and comprehensive management services for the protection of collective cultural heritage, providing our clients with specialized support in the registration and defense of their rights. If your community or institution needs guidance on how to safeguard your cultural expressions within the Mexican legal framework, please do not hesitate to contact us. We will be pleased to help to ensure the protection and acknowledgement of your Intellectual Property Rights.
| Fernando Hernández Gómez | Senior Partner
Intellectual Property +52 (33) 38171731 Ext 225 | fhernandez@vahg.mx |
Mariana González Sánchez | Partner
Intellectual Property +52 (33) 38171731 Ext 222 | mgonzalez@vahg.mx |
Martín Arias Cuevas | Associate
Intellectual Property
+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.