201004 JPN IGC COMMENT 3

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With respect to OBJECTIVES and GENERAL GUIDING PRINCIPLES in WIPO/GRTKF/IC/16/4 and WIPO/GRTKF/IC/16/5, the comments submitted by the Government of Japan included in WIPO/GRTKF/IC/10/INF2Add are still valid and can be useful materials for further discussion. While the Government of Japan reserves its right for further comments and questions, it submits its comments and questions on SUBSTANTIVE PROVISIONS in WIPO/GRTKF/IC/16/4 and WIPO/GRTKF/IC/16/5. In discussing SUBSTANTIVE PROVISIONS, GENERAL GUIDING PRINCIPLES on flexibility and comprehensiveness should be respected and duly reflected in the wording of each Article. THE PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS/EXPRESSIONS OF FOLKLORE(TCEs/EoF) (WIPO/GRTKF/IC/16/4) Article 1 What should fall within the scope of “traditional”? For example, the passing of how many generations would be sufficient to be “traditional”? Are there any requirements for a community in which expressions are shared and passed to be regarded as “traditional”? For example, can the expressions which are shared and passed within a whole country be regarded as “traditional”? How can the scope of the specific TCEs/EoF be defined to ensure predictability for users of such expressions and the third parties? How will the expressions which belong to the public domain be treated and how will the public domain in this context be defined? Articles 2 and 7 How can the boundary of beneficiaries of the ...

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• Publié par: Suzeg
• Nombre de lectures: 17
• Langue: English

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