Maintenance of cultural reserve on trade agreements adopted bilateral or multilateral with other countries by the Peruvian Government

Where
Pérou
When
2012
Who
Ministry of Foreign Trade and Tourism
Objectifs clefs de la mesure:

The Peruvian Government with the cultural reserve in trade agreements maintains cultural sovereignty, promoting the economic potential of cultural diversity richness, fostering internal cultural production and encouraging the competitiveness of creators, artists and entrepreneurs, improving its supply capacity and more effective integration into local, regional and global markets. Peru has taken the preservation path of current cultural legislation and will adopt or maintain its ability to legislate and create measures to support and promote the cultural sector in the future.
Source: Ministry of Foreign Trade and Tourism
Reference: Peru-United States FTA: Key Notions. 
Online: http://www.acuerdoscomerciales.gob.pe/ 

Périmètre de la mesure:
International
Principale caractéristique de la mesure:

In the context of negotiations of the Free Trade Agreement with U.S., Peru achieved to include in the treaty text a various reserves in order to maintain its sovereignty on issues related to cultural goods and services. The Peruvian negotiating team proposed as "non-conforming measures", that it reserved all legislation and national policies oriented to promote industries typically linked to culture, for example: Law of the Book, which promotes reading and development of the national publishing industry; Law of the National Culture Institute (today is merged into the Ministry of Culture), which states that it is responsible of cultural policy; the Copyright Act, which recognizes intellectual property rights for music creation, writing, etc.; and the Broadcasting Act, which lays down principles of access to broadcasting services. This reserve also applies to future legislation in order to give differential treatment to activities, industries and services typically related to culture.
The drafting of free trade agreements negotiations has kept that Peru Government has held bilaterally or multilaterally, a number of reserves on "handicraft and the audiovisual, publishing and music sectors" and "issues related to indigenous communities, peasant and native and minorities". Peru has valid nine free trade agreements so far.
Source: Ministry of Foreign Trade and Tourism
Reference: Peru-United States FTA: Key Notions. 
Online: http://www.acuerdoscomerciales.gob.pe/ 
http://www.acuerdoscomerciales.gob.pe/images/stories/eeuu/docs/estudios/TLC_NOCIONES_CLAVE.pdf

Challenges identified in the implementation of this measure:

Strengthen respect for law and intellectual property rights in the population
The internal agenda should be directed to promote the joint work of universities and research centers with productive sector, the preparation and retraining of human resources and promotion of the dissemination and innovation.

Principales conclusions de la mise en oeuvre de la mesure:

There have not developed specific studies regarding trade agreements and their impacts on cultural fields such as music, traditional and ancestral knowledge, publishing and audiovisual industry. However, there is an exhaustive study of use of PERU - U.S. FTA in its valid second year, developed by the Office for International Economic Studies of the Ministry of Foreign Trade and Tourism published in July 2011.
Source: Ministry of Foreign Trade and Tourism
Reference: http://www.acuerdoscomerciales.gob.pe/images/stories/eeuu/docs/Est_Aprov_TLC_EEUU_2ano.pdf

Objectif(s) de la Convention 2005 de l'UNESCO
Cultural Domain(s)
Multi-domain
Cultural Value Chain
Création
Production
Distribution
Participation