Resumo

VARGAS-CHAVES, Iván; MANOTAS-BOLANO, Inmaculada  e  CASSIANI, Inés. The traditional cultural expressions: A dimension from the characterization of Lumbalu as a traditional knowledge. Justicia [online]. 2018, n.33, pp.71-90. ISSN 0124-7441.  https://doi.org/10.17081/just.23.33.2883.

In order to characterize traditional cultural expressions as a scarcely studied category of traditional knowledge. In this paper, the main cultural expressions associated to the Lumbalu ritual of San Basilio de Palenque were analyzed. We argue that there is a state of unprotected knowledge, traditions and customs that configures as ‘works,’ and we conclude that there must be a comprehensive regulatory framework that addresses the needs and expectations of communities. To achieve this, on the one hand we maintain that there must be a duty to guarantee free, prior and informed consent for access through prior consultation. On the other hand, we call for a fair sharing of benefits for economic exploitation, among other protection strategies that seek to give a special category to traditional cultural expressions as a key link of traditional knowledge.

Palavras-chave : Traditional knowledge; traditional cultural expressions; Lumbalu; literary and artistic works; intellectual property; San Basilio de Palenque.

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