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  • 20 - Legal Protection of the Traditional Knowledge and Traditional Cultural Expressions of the Indigenous Peoples of the Former Soviet Union*

  • Edited by Mira T. Sundara Rajan
  • Book:
    Cambridge Handbook of Intellectual Property in Central and Eastern Europe
    Published online:
    11 June 2019
    Print publication:
    13 June 2019, pp 365-423

  • Summary

    The indigenous peoples of the former Soviet Union are diverse and numerous, representing multiple ethnolinguistic families (Uralic, Altaic, Caucasian, Paleosiberian, and Eskimo-Aleut). Russian legislation establishes a unique category of indigenous peoples, the numerically small peoples, to whom are granted special legal protection. Conventional intellectual property law in Russia and the other former Soviet republics, however, offers little protection for the traditional knowledge (TK) and traditional cultural expression (TCE) of these peoples. Copyright law in these countries excludes folklore from the categories of works that are eligible for protection and requires that a protected work must have an identifiable author. These and other such conditions make copyright, patent, and trademark laws inadequate to protect TK and TCE in the former Soviet republics. Several of the former Soviet republics have adopted special sui generis legislation to offer limited protection to folklore, TK, and TCE.