Cultural appropriation or cultural misappropriation refers to situations when a cultural group feels that some aspect of their cultural group identity has been used, usually in a commercial setting, by someone outside the cultural group. There are several instances of cultural appropriation that have led to public backlash. These range from the trademark registration of the Hawaiian words, Aloha Poke, to fashion house Louis Vuitton’s use of the African Maasai name and traditional colors for one of its fashion lines.

Yes! Culture is meant to be shared – respectfully. Some claims of cultural appropriation go too far. For example, individual personal choices of clothing and hairstyle are an important part of our individual freedom of expression and should not be a source of criticism. The goal is not to call out private individuals for each personal style choice. But there are times that intangible cultural heritage and cultural IP are used for commercial purposes in ways that an owner of classic IP would be able to prevent.

Culture is meant to be shared – respectfully. Treating the heritage from other cultures with respect  for the dignity and identity individuals from those groups helps to foster a sense of equity and inclusion in a diverse environment. It’s the “social” in Environmental, Social and Governance (ESG) reporting. ESG reporting allows companies to demonstrate commitment and compliance with social responsibility goals such as diversity, inclusion, and respect for human rights. Diversity and inclusion doesn’t end with the increasing diversity in the workplace or having diverse faces in advertising – it also means developing branding that is culturally diverse, inclusive and respectful of cultural heritage.

Intangible Cultural Heritage (ICH) is a term that has evolved over time but it is defined under international law. For example, the 2003 Convention for the Safeguarding of Intangible Cultural Heritage defines ICH as including a range of knowledge and practices that are passed down from one generation to the next. It can include oral traditions, music, arts and crafts, rituals, and intergenerational know-how. ICH may include cultural intellectual property but not all ICH is cultural intellectual property. . 

Cultural appropriation can be seen as an international human rights issue because the foundation of human rights is respect for the dignity of every human being. International human rights focus on the individual, but it is important to remember that the individual identity is also connected to the identities we enjoy as part of our ethnic, regional, or national groups. The Universal Declaration of Human rights for example, recognizes the right to participate in the cultural life of the community. There are also other international documents that speak to cultural identity, including the United Nations Declaration on the Rights of Indigenous Peoples. 

Cultural Intellectual Property (IP) refers to certain types of intangible heritage. Cultural IP includes things such as traditional names, designs or symbols that could be protected by trademark law if used commercially to identify a business or product. It also refers to creative works that could be protected by copyright, for example, but are no longer protected because the term of protection has expired. Cultural IP may be protected as traditional knowledge or traditional cultural expressions under the national laws of various countries. For example, Ghana’s kente cloth is protected as part of Ghanaian cultural heritage under Ghana’s Copyright Act.