September 28, 2025

Comparative Analysis: Protection of Tces (Traditional Cultural Expressions) of Usa, France, Canada, Uk, Japan, Kenya, Philippines, Panama With India

Key Points

The study reveals significant threats to traditional cultural expressions, particularly from misappropriation and duplication without recognition.
Key aspects of TCEs include cultural value that evolves over time and a communal essence that means the work cannot be solely attributed to one individual.
Artistic mediums serve as crucial ways to transmit cultural values across generations, preserving the heritage of indigenous communities.
There is a growing legal concern around the protection of TCEs, necessitating cooperative efforts among international stakeholders.

Abstract

A common consensus which the majority would settle on “The past deserves to be preserved”, it stays in the memories of shared human experiences within these numerous indigenous communities and of individuals passed down from generation to generation and is externalized in diverse forms, expressions, traditions and rituals; one of such artistic mediums1 is known as Traditional Cultural Expressions.2 The key aspects for defining TCEs would include a) Presence of cultural value, which evolves overtime3 b) Communal essence, the work cannot be attributed to only one individual, and c) dissemination through generations whether orally or through imitation. The system is a tangled web of cultural values and heritage representing a collective identity whereby the learning is transmitted from generation to generation within the same group.4 Unfortunately, the authentic content has become a target for commercial misappropriation, whether distortion, mutilation or straight up duplication without recognition which has created waves amongst the legal fraternity and stakeholders of the heritage. Art revolutions have been heavily influenced by cultural exchanges in the past and will continue to inspire change, which is why its protection is indispensable in the current age of transmission.

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