Institutionalization of creativity in traditional societies and in international trade law

Modern legal systems were not developed to deal with the modes of creativity and the meanings behind cultural expressions of traditional societies. The protection of creative expressions and knowledge through intellectual property rights has a commoditizing effect, inconsistent with the customary norms of many traditional societies, such that the propertization is offensive. This paper assesses the concept of creativity, from a modern and traditional perspective, and the effect of globalization on Indigenous peoples’ views on the trade of their cultural heritage. It then analyzes Indigenous creativity in the realm of international trade law and how WTO law could better serve the interests of Indigenous peoples, with respect to their participation in the international trade of certain aspects of their cultural heritage, and discusses how the UN Declaration on the Rights of Indigenous Peoples may affect such trade