The Protection of Traditional Cultural Expressions in Africa by Enyinna Nwauche, Springer International Publishing, 2017

• Jurisdiction: South Africa
• Pages: 200-203
• Citation: (2017) 4(2) Journal of Comparative Law in Africa 200
• Published date: 16 August 2019
• Date: 16 August 2019
• Author: AC Diala

200

THE PROTECTION OF TRADITIONAL

CULTURAL EXPRESSIONS IN AFRICA

BY ENYINNA NWAUCHE, SPRINGER

INTERNATIONAL PUBLISHING, 2017

Reviewed by Anthony C Diala*

In May 2017, French top fashion brand, Chanel, sparked controversy

over allegations that it stole indigenous Australian culture by producing a

boomerang priced at $2,000.1 Similar allegations have been made against

numerous food, fashion, pharmacological and industrial companies over

the last century.2 In this context, The Protection of Traditional Cultural

Expressions in Africa makes a vital intervention in the literature on state

protection of indigenous intellectual property. Its importance is evident

in this extract: ‘In many cases, expressions of folklore such as folk tales

and dances have been used as the core of copyrighted works, indigenous

designs have become registered designs, while traditional names have

been registered as trademarks. While these works have made considerable

sums of money for the intellectual property (IP) owners, the communities

that are really the creators of these works have been largely ignored or

inadequately compensated’ (p 34). The relevance of state protection of

traditional cultural expressions is heightened by increased scrutiny of the

role of customary law and its conceptualisation in post-colonial societies.3

The first two of this seven-chapter book present an overview of the

legal framework regulating traditional cultural expressions. The complex

nature of the concepts covered by this legal framework manifests in the

elaborate explanation of tangible and intangible heritage on page two.

The author rightly highlighted the tensions surrounding traditional

expressions of folklore. On the one hand, these tensions are between the

group rights of communities and the rights of community members who

reproduce expressions of folklore. On the other hand, they are between

communal rights and the rights and interests of outsiders. By analysing

contested issues such as culture, communities and traditional expressions,

chapter two offers a rich resource on international definitions relating

to traditional cultural expressions. The analysis of folklore expressions

in this chapter are detailed and illuminating, especially the examples

* PhD (UCT); LLM (HRDA, Pretor ia), BL (NLS, Abuja), LLB (ESUT); Research Fellow,

Centre for Comparative Law in Africa, University of Cape Town; Anthony.Diala@uct.ac.za.

1 Nayuka Gorr ie ‘Chanel’s $2,000 boomerang criticised for “humiliating” Indigenous Australian

culture’ The Guardian 16 May 2017 .theguardian.com/fashion/2017/may/16/

chanels-2000-boomerang-criticised-for-humiliating-indigenous-australian-culture> (accessed 27

September 2017).

2 Bollier, D Silent theft: The private plunder of our common wealth (London: Routledge, 2013).

3 See, for example, Diala, AC ‘The concept of living customary law: A critique’ (2017) 49(2) The

Journal of Legal Pluralism and Unofficial Law 143-165.

(2017) 4(2) Journal of Comparative Law in Africa 200

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