Today is The Craftsman day

The mexican folklore is expressed in clay, wood, onyx , gold, silver, nickel silver, corn hus,  loam, stamen, copper, quarry, glass, talavera, or papier mache, among many others; takes form in crafts and unique works that reflect the cultural diversity and creativity of our nation.The craft market is privileged in our country, locals and foreigners acquire the creations of artists, and the handcrafts are entitled to exportation and international appreciation."In many countries as in many indigenous and local communities, the craft sector plays a vital, social and cultural role, and contributes significantly to the progress of the economies in a social range even national or local level", says the World Intellectual Property Organization (WIPO) .

"Eventhough, the design, the prestige, the commercial value and the 'style' associated with the handicrafts may be imitated or missappropiated".

Since this type of market is attractive, it has growth potential and is promising. With this qualities it is not difficult to find a big group of "imitators" who decide to copy handcrafts in different materials and sale these products as "originals" in countries as Spain, Canada, USA , Colombia , Germany, Italy, Australia , among others.

"The craftmans and handcraft organizations can use the tools of Intellectual Property (such as certification and marks and collective marks, geographical indications, copyright and related rights, or unfair competition) to promote their interests", recommends the WIPO.

But these are not the only ways to prevent the counterfeiting of handcraft. All around the world, people are trying to establish new forms of protection by the intellectual property. There are considered new proposals and solutions to protect traditional cultural expressions (TCEs) and traditional knowledge (TK).

"Currently in the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) are taking place several discussions about existing an international legal instrument sui generis for the protection of TK and TCEs. These discussions are intended to examine the links between the Intellectual Property (IP) and the needs of the holders of TK and TCEs", says the WIPO.

Handcraft Intellectual Property

From an IP point of view, the handicrafts have three elements that distinguish them and allow them to receive legal protection against unfair competition, imitation, unauthorized replicas and forgeries. These elements are:

Reputation: derived from the origin, quality or style.

External appearance: Its shape and design.

Know-how: The knowledge and skills used to create and manufacture handicrafts.

Each one of these elements can be protected by different branch of the intellectual property such as patents, trade secrets, external appearances, trademarks and/or collective or certification marks, in conclusion, there are several ways to protect the artistic work.