A/HRC/28/57 with property rights, especially when held by corporations. It recognized, however, that the protection of authors’ “material interests” reflected the close linkage of this provision with the right to own property, as set out in article 17 of the Universal Declaration of Human Rights and in regional human rights instruments, as well as with the right of any worker to adequate remuneration. E. The rights of indigenous peoples and local communities 55. Recognizing the rights of indigenous peoples to self-determination and to maintain and develop their culture and their struggle for cultural survival, the United Nations Declaration on the Rights of Indigenous Peoples assures indigenous peoples the right to maintain, control, protect and develop their intellectual property over their cultural heritage, traditional knowledge and traditional cultural expressions (art. 31, para. 1). Some indigenous peoples consider it vital to keep certain cultural expressions and forms of knowledge from public disclosure, to be used only by persons and in ways appropriate to their customary laws and practices, and never commercially exploited. Some indigenous peoples desire to benefit from the commercial potential of licensing products based on their traditional knowledge and cultural expressions. 56. Intellectual property regimes have historically failed to take into account the unique concerns of indigenous peoples. For instance, trade secrecy regimes require that the information be of commercial value; that is useful for protecting commercial secrets but not sacred songs or folklore. Copyright regimes provide time-limited protections, meaning that traditional cultural expressions may be regarded as being in the public domain. 57. Moral rights might be adapted to provide protection for the collective holders of traditional cultural expressions. Like individual authors, communities care deeply about the right to attribution and credit, protecting their cultural works from destruction and preventing the exhibition of their cultural expressions in ways that disparage the community. As with individual authors, however, the right to freedom of expression protects the right to criticism and parody, from within as well as from outside the community, taking into consideration all circumstances of a particular case.19 58. In 1995, the principles and guidelines for the protection of the heritage of indigenous peoples made an important contribution to adapting the concept of moral and material interests of authors to the specific context of indigenous cultural property (E/CN.4/Sub.2/1995/26). Of note are the principles that indigenous peoples’ ownership and custody of their heritage must continue to be collective, permanent and inalienable; that the free and informed consent of the traditional owners be a precondition of any agreements for the recording, study, use or display of indigenous peoples’ heritage; and that concerned peoples be the primary beneficiaries of commercial application of their heritage. 59. Efforts by States to give effect to indigenous claims over their cultural heritage vary enormously. The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore is continuing negotiations about a possible international legal instrument, or instruments, for the effective protection of traditional knowledge, traditional cultural expressions and genetic resources. 19 12 See the Deckmyn case mentioned above in para. 37.

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