Protección jurídica a las manifestaciones culturales de las comunidades afroatrateñas : propuesta de propiedad intelectual comunitaria sobre expresiones de vida, espiritualidad y muerte

Abstract

This monograph is framed within the ethno-legal line of research, with the objective of identifying the rights and legal mechanisms of protection that ethnic communities, especially the Afro-atrateño community, have in relation to their traditional cultural manifestations. To achieve this, the first chapter defines the legal and ethnographic elements that allow understanding Afro-atrateño identity as an ethnic identity. In the second chapter, (1) acculturation and cultural appropriation are discussed as risks to traditional cultural manifestations; (2) a review of national and international regulations on rights and mechanisms for the protection of ethnic communities over their cultural manifestations is made; and (3) the introduction, in the Colombian legal system, of Community Intellectual Property is proposed as a right that allows recognizing ethnic communities as legitimate in law to take action seeking the cessation of the improper and/or unauthorized use and economic exploitation of their cultural manifestations. We conclude by saying that, although the Colombian legal system recognizes the right of ethnic communities to safeguard their cultural manifestations -which guarantees their survival over time-, this is not sufficient to address the situations arising from the processes of acculturation and cultural appropriation, in view of which we propose the introduction of community intellectual property as a right that allows communities to claim from third parties the exploitation of their cultural manifestations and enhance local development from the use of the economic potential underlying them. We warn the reader that in section 2.2, where the analysis of the existing national and international regulations on the protection of the culture of ethnic communities is made, it will be noted that they generally refer to "indigenous and tribal peoples"; by reference to national jurisprudence, it should be understood that their protection extends to black/Afro-Colombian communities.