Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage

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Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes.

This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage.

Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Author(s): Patricia Covarrubia
Series: Routledge Studies in Cultural Heritage and International Law
Publisher: Routledge
Year: 2022

Language: English
Pages: 243
City: London

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
List of figures
List of contributors
Introduction
Chapter 1 Enredados – detangling definitions and strengthening views: A lexicon of relevant terms, institutions, and legislations
Chapter 2 Intangible cultural heritage, intellectual property, and the politics of development in Southeast Asia
Chapter 3 Scaling up and down the edible heritage: Food and foodways as terrains of cultural friction
Chapter 4 Tangled webs and remote paths: Transboundary consent and justifiable downstream limits in the protection of traditional knowledge associated with genetic resources within the context of drug discovery – the problems of a consequentialist account
Chapter 5 The legal protection of intangible cultural heritage: The inadequacy of intellectual property in the Republic of Korea
Chapter 6 Cross-border safeguarding of intangible cultural heritage through geographical indications and EU collective marks: The issue
Chapter 7 Colombian/Panamanian molas: Coping with the challenges posed in protecting and commercialising transboundary intangible cultural heritage
Chapter 8 The ‘Pisco War’: A Chilean-Peruvian conflict at the crossroads of an intellectual property regime and intangible cultural heritage
Chapter 9 Cross-border safeguarding of intangible cultural heritage through geographical indications and EU collective marks: Consolidation of litigation through private international law
Chapter 10 Codes and protocols: Protecting transboundary traditional medical knowledge in Southern Africa
Chapter 11 Knitting a future for the Aymara’s weavers: The Andean project
Index