What are “traditional cultural expressions” (TCEs)?
The term traditional cultural expression is used by the international legal community to refer to works of indigenous peoples and traditional communities, but the term does not have a precise definition. The World Intellectual Property Organization (WIPO) definition found in Booklet 1 (PDF) of Intellectual Property and Traditional Cultural Expressions/Folklore says, “In general it may be said that TCEs (i) are handed down from one generation to another, either orally or by imitation, (ii) reflect a community’s cultural and social identity, (iii) consist of characteristic elements of a community’s heritage, (iv) are made by ‘authors unknown’ and/or by communities and/or by individuals communally recognized as having the right, responsibility or permission to do so, (v) are often not created for commercial purposes, but as vehicles for religious and cultural expression, and (vi) are constantly evolving, developing and being recreated within the community.” TCEs may include verbal express
