We share the opinion column by our senior associate in the Intellectual and Industrial Property Group, Carlos Lazcano, on the role of intellectual property in protecting cultural heritage.
Recently, the National Institute of Industrial Property (INAPI) and the Industrial Property Court rejected a private company’s attempt to register the trademark “Isla de Pascua” as a commercial sign, in defense of the geographical indicator and cultural heritage it represents.
Chile’s cultural heritage is not limited to historical monuments or natural landscapes: it also encompasses geographical names, craft traditions, local trades, cultural expressions, and the signs that identify a community. When there is an attempt to appropriate one of these names, such as “Easter Island,” in the form of a trademark, a dangerous precedent is set.
On the one hand, this can lead to confusion among consumers regarding the real origin of products or services. On the other hand, it can deprive the community of legitimate use, break the link to identity, and commodify what should be common heritage.
The protection offered by the industrial property system, therefore, does not consist solely of safeguarding the rights of those who create or innovate; it also has a collective dimension when it protects shared identities, communities, and cultural expressions.
In a globalized world, it is essential to provide the State and the community with legal tools to prevent third parties from appropriating elements that are common or indicative of a geographical area and/or culture that does not belong to them. In this way, intellectual and industrial property become mechanisms of cultural justice.
It is important to move towards a systematic policy that informs and gives access to various actors from different geographical areas and communities so that they have the tools to adequately protect their cultural heritage, geographical names, and traditional crafts within the intellectual and industrial property system provided for in current regulations.
From a professional standpoint, specialized education and advice should be promoted: informing municipalities, artisan associations, and cultural organizations about the usefulness of collective marks, geographical indications, and designations of origin.
When a community uses its name, or that of its territory, to protect its artisanal production, cultural identity, or traditional economic activity, it is not only defending an economic asset but also defending and protecting its history, future, and traditions.
Thus, intellectual and industrial property must play an active role in this effort, not only with regulations, but also with policies on access, dissemination, and support. Let us not forget that when we protect a geographical designation, a typical craft, or a symbol linked to a community, we are protecting a fragment of our national identity.
Column written by:
Carlos Lazcano | Senior Associate Intellectual and Industrial Property Group | clazcano@az.cl
Press appearances:
Source: G5 Noticias, December 5. [See here]
Source: Los Andes Online, December 5. [See here]
Source: Portal Innova, December 16. [See here]
Source: ANDA, December 16. [See here]
