In order to refer to the notion of craftsmanship, let us start from the fact that there is no accepted definition of craftsmanship. The following characteristics are common to them: they are works produced by craftsmen, entirely by hand or with the aid of hand tools or the use of mechanical means, provided that the direct manual contribution of the craftsman remains the most important element of the finished product; they are representations or expressions symbolizing the craftsman's culture; they are works comprising a wide range of products made from raw materials; their distinctive characteristics may be utilitarian, aesthetic, artistic, creative, culturally linked, decorative, functional, traditional, symbolic, and religiously and socially significant; there are no special restrictions on the quantity of production and no two pieces are exactly alike. Other characteristics that can be applied to “traditional crafts” include the fact that they are passed down from generation to generation and that they are linked to a local indigenous community.
From an IP perspective, handicrafts have three distinct elements: reputation, derived from their style, origin or quality; external appearance, their shape and design; and know-how, the expertise and knowledge used to create and manufacture the handicraft products. Each element may be protected by a different form of IP. Know-how, for example, may be protected by patents or as a trade secret; external appearance may be protected by copyright or industrial designs, while reputation may be protected by product or service marks, collective or certification marks, geographical indications or unfair competition law.
Traditional crafts require techniques, skills and know-how and traditional knowledge that are often of considerable antiquity and are passed down from generation to generation. Handicraft products may constitute traditional cultural expressions through their design, appearance and style, and may also embody traditional knowledge through the skills and know-how used to produce them. Traditional Knowledge and Traditional Cultural Expressions, including handicraft products, are valuable cultural, social and historical assets of the communities that maintain, practice and develop them; they are also economic assets that can be used, traded or licensed to generate income and foster economic development. Unfortunately, however, traditional techniques and the design, reputation and style associated with handicrafts are open to imitation and misappropriation. Too often, cheap imitations damage sales of traditional crafts and the quality reputation of genuine products.
Proposals and solutions are being put forward for the legal protection of Traditional Knowledge and Traditional Cultural Expressions in order to prevent their misuse or misappropriation or other kinds of illicit exploitation. It is also possible to use these solutions for the protection of traditional craftsmanship. Several countries and regions have also developed their own sui generis systems for the protection of TK and TCEs. Meanwhile, artisans and craft organizations can also use IP rights, such as trademarks, geographical indications, copyright, industrial designs or patents, to promote their interests. Specifically, such rights can be used to protect traditional crafts against unauthorized reproduction and adaptation, and against misleading use of their style and reputation.
As shown above, the field of Intellectual Property is so broad to the extent that human creativity, with the support of scientific and technological knowledge, has reached the generation of new intellectual creations susceptible of protection. And not only in the realization of scientific, literary and artistic works, or industrial designs or utility models, but inventions have also reached the biological part, for example, with the achievement of new plant varieties, or the invention of new seeds. Hence, over time, there have been subfields of protection: Copyright and Industrial Property, to accentuate the regulatory specificity according to the different characteristics of each creation.
In Bolivia, especially in the Altiplano area, the most representative handicraft fair is the ALASITAS FAIR. Declared by UNESCO Intangible Cultural Heritage of Humanity, the Alasita, an Aymara word that in Spanish means “buy me”, is a deeply rooted tradition especially among the Aymara population of the Andes, which over time has spread to other regions. It is also known as the “feast of abundance”. aymara que en castellano significa “cómprame”, es una tradición muy arraigada especialmente entre la población aymara de los Andes, que con el tiempo se ha extendido a otras regiones. También es conocida como “fiesta de la abundancia”.
The Alasita Festival lasts for approximately three weeks. Visitors buy miniatures of all kinds of household items: money, cars, houses, construction materials, clothing, appliances, food, etc., which attendees entrust to the Ekeko, so that in the course of the year they become reality. The fair is characterized by the miniature objects that are elaborated and manufactured by artisans of the city of La Paz, mainly, who, year after year, respond to the needs and demands of the population to produce new “wishes”; traditionally, miniature banknotes and food baskets so that they do not lack during this time.
La palabra “Alasitas” es una palabra aymara The word “Alasitas” is an Aymara word meaning “buy me”, and the Ekeko is the god of abundance in Bolivian Andean and Altiplano mythology. According to historians, the celebration of the Alasitas becomes more visible since 1781, when José Sebastián de Segurola (Governor Intendant of La Paz) ordered to celebrate a feast in honor of the deity called Ekeko (God of Abundance), in gratitude, since the city overcame the indigenous encirclement of Tupac Katari.
It is precisely this fair where the work of the artisans is clearly expressed with their works, works that undoubtedly must be protected, as crafts are protected in other countries, taking care to preserve our cultural traditions expressed in immense traditional knowledge. This is where the relationship between handicrafts and the rules contained in the Intellectual Property and OTHER PROVISIONS must be reflected. Such protection is provided for in the Crafts Promotion and Development Law of 2012, the Copyright Law of 1992 and the Cultural Heritage Law of 2014.
Taking into account that the native products of each country should be a source of quality of life for its inhabitants and should be shown to the world, either through craft fairs, such as ALASITAS or promotional mechanisms, their work is an excellent engine for generating jobs, promoting the economic development of countries. However, in our environment, despite having provisions that protect and guarantee their work, it lacks a proper incentive by the authorities and, currently, due to the economic crisis facing our country, their needs were forgotten. Apart from this, it can be seen that the intellectual protection of the artisans' works is very weak, putting at risk their real consideration as Bolivian cultural value. Therefore, it is of transcendental importance that the governmental authorities, the artisans themselves and society in general take real importance of this artisan work, identifying it properly, protecting it from the illicit appropriation of third parties, ensuring its empowerment as an important cultural factor of our Bolivian identity.
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