When Imitation Is Not Flattery: Addressing Cultural Exploitation in Guatemala Through a Sui Generis Model

Authors

Paul Figueroa, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

4-2021

Abstract

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on extensive empirical field research, this Article finds that any criticisms against sui generis models are not borne out by the reality of the Panamanian sui generis model. This Article concludes by examining how the Panamanian model can be adapted to the Guatemalan context.

Part of the 2021 Dignity in Law Symposium

Publication Title

Brigham Young University Law Review

Volume

46

Issue

4

First Page

979

Last Page

1026

Recommended Citation

Paul Figueroa, When Imitation Is Not Flattery: Addressing Cultural Exploitation in Guatemala Through a Sui Generis Model, 46 Brigham Young University Law Review 979 (2021).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/862