Proposal for Legal Reforms on the Protection of Collective Intellectual Property of Textiles and Mayan Clothing
The Proposal for Legal Reforms on the Protection of Collective Intellectual Property of Textiles and Mayan Clothing emerged from a process of citizen participation in which - after several discussion forums - a group of weavers from Sacatepéquez presented Article 11 of the Law on the Protection and Artisan Development, Articles 4 and 152 of the Law on Industrial Property, and Article 274 of the Law on Intellectual Property Rights. In addition, it presented a proposal for reform of three existing laws of the Penal Code. If these reforms are carried out, the production of Maya clothing would be penalized without the consent of the communities, and indigenous peoples would be recognized as the authors of the garments. The purpose of these proposals is to find a solution to the plundering and lack of protection via the appropriation of the textile heritage of the original peoples, which is considered as "the books that the colony could not burn."
Institutional design
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- Formalization
- embedded in the constitution/legislation
- Frequency
- single
- Mode of selection of participants
- restricted
- Type of participants
- citizens civil society
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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