The United Nations Population Fund (UNFPA), the United Nations Educational, Scientific and Cultural Organization (UNESCO), and the Centro Cultural España joined forces to organize a forum focused on the challenges and prospects of Indigenous Peoples’ cultural heritage and collective intellectual property in the face of cultural appropriation and technological advances.
The event brought together diverse voices from the Brunka Indigenous People and other specialists to discuss the concept of Indigenous Peoples’ intellectual property as intrinsic to their cultural, social, economic, and spiritual expressions. The struggle of Indigenous peoples, in this case the Brunka people, to ensure that national legislation adequately addresses this issue was highlighted. This effort, supported by analysis by UNESCO and the World Intellectual Property Organization (WIPO), seeks to recognize intellectual property as a human right.
In Costa Rica, the Brunka community has led the discussion for two decades on the protection of their customs and traditions, which have been misused in the market and in non-Indigenous artistic reproductions without community consent. In 2019, a significant collective achievement was achieved when they sued trademarks that culturally appropriated distinctive elements of the Brunka people, such as masks, words in their native language, and other identifying traits.
The forum provided a space to analyze this struggle and the current and future challenges, given a society that has yet to fully grasp the importance of intellectual property rights for Indigenous Peoples in Costa Rica.
Among the speakers were:
Jorge Moreira Gómez, Director of the Intellectual Property Registry.
Kamel González, Brunka artist and intellectual property defender and member of the Territorial Indigenous Consultation Authority (ITCI).
Ismael González Rojas, president of the Association for the Integral Development of the Brunka Indigenous Territory, a key entity in the lawsuit proceedings.
The event was moderated by Yanory Rojas, a Brunka woman from Boruca.
The event addressed fundamental questions such as the reasons for Brunka’s initiation of the claim, the impact of cultural appropriation on the identity of Brunka artists, the greatest obstacles in the fight for intellectual property, the position of the Costa Rican State, the reactions of society, and the challenges posed by the digital age.
Recognition of their existence and respect for their rights
“Defending the collective intellectual property of Indigenous Peoples is an action for the recognition of their existence and respect for their rights. For many years, extractivism and colonialism taught us to appropriate symbols, words, expressions, and Indigenous goods to commodify them, without consulting about the procedures and relevance of these practices. Therefore, we cannot speak of any well-being at the expense of weakening the identity of indigenous populations,” emphasized Juan Luis Bermúdez, head of UNFPA in Costa Rica.
“Intangible cultural heritage, recognized by a UNESCO Convention, an agreement signed by Member States, highlights the fundamental role of communities, especially Indigenous ones, in its protection. It is essential that there be spaces for reflection on how to address current challenges in intellectual property and heritage. The safeguarding of intangible cultural heritage concerns us all,” added Alexander Leicht, Director of the UNESCO Regional Office for Central America, Mexico, and Colombia.
