By
Rocky Ngalob
BAGUIO CITY – Following
memorandum of agreement between world renowned Kalinga tattoo artist, Apo Whang-od
and VANS Philippines, the National Commission of Indigenous Peoples (NCIP)
requested the apparel company to hold in abeyance release of latter’s clothing
apparel incorporating the tattoo “Python” design to the market.
NCIP was made aware of the MOA when VANS Philippines, on November wrote to the former that they will be releasing their clothing apparel this December.
Such clothing apparel incorporated the “Python” tattoo design of the Kalinga Indigenous Peoples (IPs), and the same was the agreement stipulated in the MOA entered into by Whang-od.
Upon knowledge of the said MOA, NCIP organized a validation team composed by NCIP – Kalinga personnel on November and discussed the issue with Whang-od.
The NCIP representatives explained in their local language the MOA which Whang-od entered into.
The validation process by NCIP – Kalinga found that Whang-od was not fully aware of the stipulations or buy-out content of the MOA she signed and 800 USD was received by her.
Whang-od acknowledged and affirmed that no single individual can claim ownership of the tattoo designs.
A similar incident happened sometime 2019, when NEW ERA Co., had Whang-od sign a MOA for the former to use the tattoo designs of the Kalinga People in their hat products.
NEW ERA Co., was then directed by NCIP – CAR to go through the process of the free prior and informed consent (FPIC) and obtain consent first from the Kalinga ICC/IPs before they can appropriate the tattoo designs in their products.
NEW ERA Co., conformed to follow the FPIC process and is currently seeking the consent of the Kalinga ICCs/IPs for the utilization of their tattoo designs.
The same was momentarily stalled due to the global pandemic.
The NCIP – CAR said tattoo designs of Whang-od were part and parcel of the indigenous knowledge systems and practices (IKSP) of the Kalinga ICCs, thus, the same is owned collectively by the entirety of the Kalinga ICCs/IPs.
Before any utilization and/or appropriation is made, prior consent from the owner must first be secured, in this case, the Kalinga ICCs/IPs.
NCIP – CAR said ownership of the tattoo designs was not solely lodged to Whang-od but to the entirety of the Kalinga ICCs as one single collective community.
Meanwhile, NCIP created a Task Force headed by the commission’s legal affairs office to look into these appropriation of IKSPs.
The task force will studying similar concerns throughout the nation and will be giving appropriate actions not limited to filing of cases if necessary.
VANS Philippines and NEW ERA Co., have yet to secure consent from the Kalinga ICCs/IPs and both stopped release of their clothing apparels containing the tattoo designs of the Kalinga people.
Bosantog urged the IP universe of CAR to be on lookout for similar concerns saying the NCIP – CAR was open for assistance.
NCIP was made aware of the MOA when VANS Philippines, on November wrote to the former that they will be releasing their clothing apparel this December.
Such clothing apparel incorporated the “Python” tattoo design of the Kalinga Indigenous Peoples (IPs), and the same was the agreement stipulated in the MOA entered into by Whang-od.
Upon knowledge of the said MOA, NCIP organized a validation team composed by NCIP – Kalinga personnel on November and discussed the issue with Whang-od.
The NCIP representatives explained in their local language the MOA which Whang-od entered into.
The validation process by NCIP – Kalinga found that Whang-od was not fully aware of the stipulations or buy-out content of the MOA she signed and 800 USD was received by her.
Whang-od acknowledged and affirmed that no single individual can claim ownership of the tattoo designs.
A similar incident happened sometime 2019, when NEW ERA Co., had Whang-od sign a MOA for the former to use the tattoo designs of the Kalinga People in their hat products.
NEW ERA Co., was then directed by NCIP – CAR to go through the process of the free prior and informed consent (FPIC) and obtain consent first from the Kalinga ICC/IPs before they can appropriate the tattoo designs in their products.
NEW ERA Co., conformed to follow the FPIC process and is currently seeking the consent of the Kalinga ICCs/IPs for the utilization of their tattoo designs.
The same was momentarily stalled due to the global pandemic.
The NCIP – CAR said tattoo designs of Whang-od were part and parcel of the indigenous knowledge systems and practices (IKSP) of the Kalinga ICCs, thus, the same is owned collectively by the entirety of the Kalinga ICCs/IPs.
Before any utilization and/or appropriation is made, prior consent from the owner must first be secured, in this case, the Kalinga ICCs/IPs.
NCIP – CAR said ownership of the tattoo designs was not solely lodged to Whang-od but to the entirety of the Kalinga ICCs as one single collective community.
Meanwhile, NCIP created a Task Force headed by the commission’s legal affairs office to look into these appropriation of IKSPs.
The task force will studying similar concerns throughout the nation and will be giving appropriate actions not limited to filing of cases if necessary.
VANS Philippines and NEW ERA Co., have yet to secure consent from the Kalinga ICCs/IPs and both stopped release of their clothing apparels containing the tattoo designs of the Kalinga people.
Bosantog urged the IP universe of CAR to be on lookout for similar concerns saying the NCIP – CAR was open for assistance.
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