An approach to the problem of protection of traditional cultural expressions through intellectual property: What legal protection is there for the flags of the indigenous peoples of Chile?

The protection of traditional knowledge is an issue that has gained interest in recent decades. In this article, we study the particular relationship between traditional knowledge and intellectual property, focusing on the flag of indigenous peoples. In Chile, the protection of traditional knowledge is residual, and although the current draft of the Intellectual Property Law contains interesting provisions, we think that the possibility of creating, within the Inapi platform, a database dedicated to the traditional cultural expressions should be explored. That said, what is sought in this paper is to stimulate a reflection, knowing that a solution would only be achieved by working to-gether with indigenous peoples, within a broader political and legal process of recognition and reaffirmation of indigenous rights.