The Use of Intellectual Property in the Protection of Arts and Crafts in Zimbabwe

Abstract

This research sought to establish the extent to which the current intellectual property protection regime is effectively used in the protection of Arts and Crafts, as cultural products, in Zimbabwe. Such products resulting from the creations by craftsman and artists deserve protection and the creators of works indeed must benefit economically from their works. This study therefore sought to try and bring the issue of protection to both the artists and the relevant stakeholders and to come up with a properly crafted system of ensuring that the works are protected in a manner that will benefit both the artists in particular and the country in general. Interviews, focused group discussions and document analysis were the data gathering methods that were used to collect data. In this study, 72 artist and 71 craftsmen, 12 government officials and 7 administrators of advocacy groups participated during the interviews. Interview guides and questaviews, were used as research instruments. The documentary review method was also used to establish the extent to which the laws and statutes provide protection to cultural products. The study revealed that the majority of artists and craftsmen are not fully aware of their rights, and furthermore, are not aware of the existence of the provisions of the statutes that provide them with intellectual property rights. On the other hand, the study also revealed that some of the government officials were naturally reluctant to provide a platform for intellectual property rights awareness, but instead focused more on promotion than protection of cultural products. This study recommends the current protection regime is not adequate for the protection of cultural products. Therefore, there is need for a comprehensive national strategy within the framework of cultural and economic development, and this can be fully achieved through the adoption of a special kind of protection for these products, a sui generis system of protection that takes into account cultural products’ economic importance, against the background of concerns raised by the majority of the participants in this study. Finally, it is also recommended that a model called COINDTRAM Model be used and further research be undertaken in order to establish how best this model can be tailor-made to offer a more comprehensive and all encompassing kind of protection for cultural products in Zimbabwe.