Cultural activities, goods and services refers to those activities, goods and services that, when considered from the point of view of their specific quality, use or purpose, embody or convey cultural expressions, irrespective of the commercial value they may have.
In the context of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, this practice is reflected in the quadrennial reports produced by the parties.
[20] The World Intellectual Property Organization (WIPO) has established a number of conventions on the protection of traditional cultural expressions.
This diversity is embodied in the originality and plurality of identities that characterize the groups and societies that make up humanity.
As a source of exchange, innovation and creativity, cultural diversity is as necessary for humankind as biodiversity is for the living world.
In this sense, it constitutes the common heritage of humanity and must be recognized and affirmed for the benefit of present and future generations.
[24]Although it is non-binding, the Universal Declaration on Cultural Diversity has considerable legitimacy and symbolic force because it was adopted unanimously by the member states of UNESCO.
The cultural content of these goods, services and activities refers to the meaning or values thus conveyed.
This includes: (1) the product of individual creativity in the performing arts, visual arts and crafts; (2) sounds, images and texts in films, videos, sound recordings, books, magazines, broadcast programs and other forms of media, including multimedia, whether already in existence or yet to be invented; and (3) collections and exhibits in museums, art galleries and libraries, including the archives of a society's cultural heritage.
[40] It is possible to address the issue of their protection and promotion using the concept of cultural diversity rather than intellectual property.
[1] Performing arts (traditional rites and dances), crafts, and cuisine are more examples of intangible cultural heritage.
[54] The archival and library sectors are unique in that they were included in one of the options for defining cultural expressions suggested during the negotiations of the 2005 Convention.
These sectors are essential to the issues of preservation, dissemination and access, but are considered peripheral to the notion of cultural expression.
[55] Recreational services, sports and games fall under the category of leisure and are not covered by the definition of cultural expressions.
Finally, language does not constitute a cultural expression, but a means of conveying it or, on the contrary, a barrier limiting access to it.