Apo Whang-od’s tattoos not for commercial use – The Manila Times

BAGUIO CITY: The Nationwide Fee on Indigenous Peoples (NCIP) has intervened within the unauthorized industrial launch of tattoo designs made by far the oldest, world-renowned Kalinga tattoo artist Apo Whang-od.

The NCIP clarified with the 104-year-old Apo Apo Whang-od if she knew the phrases included within the Memorandum of Settlement (MoA) she allegedly signed with representatives of clothes attire VANS Philippines.

Based on the NCIP staff, the Kalinga tattoo artist “was not totally conscious of the MoA, which embrace: the buyout of her unique python tattoo design, the $800-fee (which she mentioned had not even obtained).”

“Apo Whang-od acknowledged and affirmed that no single particular person can declare possession of her tattoo designs, together with the python design,” the NCIP staff report mentioned.

The NCIP put a cease to the December 2020 launch of the merchandise that options Apo Whang-od’s designs, notably her python design.

The NCIP was made conscious of the settlement when VANS Philippines, in November 2020, wrote to the fee that it could be releasing the product line in December 2020.

The clothes line targets to include into its merchandise the python tattoo design of Whang-od, a member of the Kalinga IP group.

Upon data of the alleged memorandum of settlement, the NCIP shortly organized a validation staff composed of NCIP-Kalinga personnel in November 2020.

The validation staff was in a position to sit down and focus on with Whang-od the difficulty with VANS Philippines.

An analogous incident occurred in 2019, when NEW ERA Co. additionally had Whang-od signal a MoA to ensure that the previous to make use of the tattoo designs of the Kalinga individuals in its hat merchandise.

NEW ERA Co. was then directed by the NCIP-Cordillera Administrative Area (CAR) to undergo the method of the Free Prior and Knowledgeable Consent (FPIC) and procure first consent from the Kalinga IP earlier than it might applicable the tattoo designs of their different merchandise.

The enterprise agency conformed to the proposal of the NCIP-CAR to observe the FPIC course of.

It was looking for the consent of the Kalinga group for the utilization of the latter’s tattoo designs when the worldwide coronavirus pandemic stalled its try.

The NCIP-CAR identified that the tattoo designs of Whang-od are half and parcel of the Indigenous Data Programs and Practices (IKSP) of the Kalinga IPs.

These unique Kalinga designs are owned collectively by the Kalinga individuals, the NCIP-CAR claimed.

In impact, the fee added, earlier than any utilization and/or appropriation is made, prior consent from the proprietor have to be first secured, on this case, from the Kalinga IPs.

The NCIP-CAR reiterated that possession of the tattoo designs isn’t solely Whang-od’s, however with the Kalinga individuals as one single collective group.

In the meantime, it created a process power headed by the fee’s Authorized Affairs Workplace to look into appropriations of the IKSP.

The duty power can be finding out related considerations all through the nation and can be developing with applicable actions not restricted to submitting of instances in court docket if needed.

VANS Philippines and NEW ERA Co. are but to safe consent from the Kalinga group and each halted the discharge of their respective product traces containing the tattoo designs of the Kalinga individuals.

The NCIP-CAR Regional Director lawyer Marlon Bosantog has urged the IP universe of CAR to be vigilantly looking out for related considerations and vowed to open the doorways of the NCIP-CAR for any wanted help.