Criminalisation of misappropriation of Traditional Cultural Expression (TCE)

An act can only be regarded as a crime if its exercise can cause harm to others. On that basis, many activities that usurp copyright and can possibly pose harm to the society have been criminalised. In relation to traditional cultural expression, model laws such as the World Intellectual Property...

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Main Authors:	Ismail, Suzi Fadhilah, Abdul Ghani Azmi, Ida Madieha
Format:	Article
Language:	English English
Published:	UPM Press 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/46287/ http://irep.iium.edu.my/46287/ http://irep.iium.edu.my/46287/1/14_JSSH_Vol_23_%28S%29_Oct_2015_pg183-196.pdf http://irep.iium.edu.my/46287/4/46287-Criminalisation%20of%20misappropriation%20of%20traditional%20cultural%20expression%20%28TCE%29_SCOPUS.pdf

id	iium-46287
recordtype	eprints
spelling	iium-462872017-03-20T03:05:42Z http://irep.iium.edu.my/46287/ Criminalisation of misappropriation of Traditional Cultural Expression (TCE) Ismail, Suzi Fadhilah Abdul Ghani Azmi, Ida Madieha K Law (General) An act can only be regarded as a crime if its exercise can cause harm to others. On that basis, many activities that usurp copyright and can possibly pose harm to the society have been criminalised. In relation to traditional cultural expression, model laws such as the World Intellectual Property Organisation (WIPO) Draft Articles on the Protection of Traditional Cultural Expressions (2011), WIPO-UNESCO (the United Nations Educational, Scientific and Cultural Organisation) Model Provisions for National Laws on the Protection of Expression of Folklore Against Illicit Exploitation and Other Prejudicial Action (1982) and the South Pacific Model Law for National Laws (2002), as well as some national laws of the United States of America and the Philippines have criminalised certain acts constituting the misappropriation of traditional cultural expressions (TCEs). TCEs or expressions of ‘folklore’ are considered by many developing countries as part and parcel of their cultural fabrics and their misappropriation as ‘harmful’ not only to the right holder’s interest but also to the country. To that extent, the misappropriation of TCEs must be criminalised. This paper commences with an examination of copyright protection over TCEs in Malaysia with a view to assessing the adequacy, relevancy and efficacy of criminal sanction and ensuring effective enforcement against misappropriation of indigenous TCEs. The article also examines national initiatives on TCEs, particularly countries that have criminal provisions on certain activities involving TCEs. To lend support for criminalisation, the article further revisits the initiatives of WIPO and UNESCO. The article concludes that introducing some form of criminal offences within the context of copyright law is possible either through the extension of the existing criminal provisions or by having a special part dealing only with misappropriation of TCEs. UPM Press 2015-10-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/46287/1/14_JSSH_Vol_23_%28S%29_Oct_2015_pg183-196.pdf application/pdf en http://irep.iium.edu.my/46287/4/46287-Criminalisation%20of%20misappropriation%20of%20traditional%20cultural%20expression%20%28TCE%29_SCOPUS.pdf Ismail, Suzi Fadhilah and Abdul Ghani Azmi, Ida Madieha (2015) Criminalisation of misappropriation of Traditional Cultural Expression (TCE). Pertanika Journal of Social Science & Humanities, 23 (S) (Oct). pp. 183-196. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Oct.%202015/14%20JSSH%20Vol%2023%20(S)%20Oct%202015_pg183-196.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Ismail, Suzi Fadhilah Abdul Ghani Azmi, Ida Madieha Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
description	An act can only be regarded as a crime if its exercise can cause harm to others. On that basis, many activities that usurp copyright and can possibly pose harm to the society have been criminalised. In relation to traditional cultural expression, model laws such as the World Intellectual Property Organisation (WIPO) Draft Articles on the Protection of Traditional Cultural Expressions (2011), WIPO-UNESCO (the United Nations Educational, Scientific and Cultural Organisation) Model Provisions for National Laws on the Protection of Expression of Folklore Against Illicit Exploitation and Other Prejudicial Action (1982) and the South Pacific Model Law for National Laws (2002), as well as some national laws of the United States of America and the Philippines have criminalised certain acts constituting the misappropriation of traditional cultural expressions (TCEs). TCEs or expressions of ‘folklore’ are considered by many developing countries as part and parcel of their cultural fabrics and their misappropriation as ‘harmful’ not only to the right holder’s interest but also to the country. To that extent, the misappropriation of TCEs must be criminalised. This paper commences with an examination of copyright protection over TCEs in Malaysia with a view to assessing the adequacy, relevancy and efficacy of criminal sanction and ensuring effective enforcement against misappropriation of indigenous TCEs. The article also examines national initiatives on TCEs, particularly countries that have criminal provisions on certain activities involving TCEs. To lend support for criminalisation, the article further revisits the initiatives of WIPO and UNESCO. The article concludes that introducing some form of criminal offences within the context of copyright law is possible either through the extension of the existing criminal provisions or by having a special part dealing only with misappropriation of TCEs.
format	Article
author	Ismail, Suzi Fadhilah Abdul Ghani Azmi, Ida Madieha
author_facet	Ismail, Suzi Fadhilah Abdul Ghani Azmi, Ida Madieha
author_sort	Ismail, Suzi Fadhilah
title	Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
title_short	Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
title_full	Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
title_fullStr	Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
title_full_unstemmed	Criminalisation of misappropriation of Traditional Cultural Expression (TCE)
title_sort	criminalisation of misappropriation of traditional cultural expression (tce)
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/46287/ http://irep.iium.edu.my/46287/ http://irep.iium.edu.my/46287/1/14_JSSH_Vol_23_%28S%29_Oct_2015_pg183-196.pdf http://irep.iium.edu.my/46287/4/46287-Criminalisation%20of%20misappropriation%20of%20traditional%20cultural%20expression%20%28TCE%29_SCOPUS.pdf
first_indexed	2023-09-18T21:05:54Z
last_indexed	2023-09-18T21:05:54Z
_version_	1777410931140067328

Criminalisation of misappropriation of Traditional Cultural Expression (TCE)

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