Intangible Cultural Heritage and Intellectual Property

Intangible Cultural Heritage and Intellectual Property
Author: Toshiyuki Kono
Publisher:
Total Pages: 0
Release: 2009
Genre: Cultural property
ISBN: 9789050957588

The intangible cultural heritage (ICH) of the world's communities is an inheritance that has been passed down through many generations. Its survival, however, is increasingly threatened by the realities of post-modern society, such as rapid urbanization, large-scale migration, severe environmental change, and globalization. In 2003, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognized the importance of ICH, both as a mainspring of cultural diversity and a source of sustainable development. Early efforts to implement the Convention are bringing to light issues that are crucial to the survival of ICH. Many of these involve its interaction with intellectual property law. To clarify the relationship between these two fields, this present volume gathers the views of scholars and practitioners with diverse expertise and national backgrounds. They examine four main issues: the construction and operation of ICH inventories; the conceptualization of the "community" as a holder of ICH; how to obtain the community's prior informed consent; and the pros and cons of various regulatory regimes. With the book's variety of contributions, the common thread is the belief that regulatory regimes must be designed so that ICH will not only be safeguarded in archives and museums, but also in its living form.

Intangible Cultural Heritage, Sustainable Development and Intellectual Property

Intangible Cultural Heritage, Sustainable Development and Intellectual Property
Author: Benedetta Ubertazzi
Publisher: Springer Nature
Total Pages: 392
Release: 2022-08-04
Genre: Law
ISBN: 3031081048

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Intangible Cultural Heritage, Sustainable Development and Intellectual Property

Intangible Cultural Heritage, Sustainable Development and Intellectual Property
Author: Benedetta Ubertazzi
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9783031081057

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Intellectual Property, Cultural Property and Intangible Cultural Heritage

Intellectual Property, Cultural Property and Intangible Cultural Heritage
Author: Christoph Antons
Publisher: Routledge
Total Pages: 247
Release: 2017-12-06
Genre: Social Science
ISBN: 1317500539

Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.

Research Handbook on Contemporary Intangible Cultural Heritage

Research Handbook on Contemporary Intangible Cultural Heritage
Author: Charlotte Waelde
Publisher: Edward Elgar Publishing
Total Pages: 449
Release: 2018-09-28
Genre: Law
ISBN: 1786434016

Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

The 2003 UNESCO Intangible Heritage Convention

The 2003 UNESCO Intangible Heritage Convention
Author: Janet Blake
Publisher:
Total Pages: 557
Release: 2020
Genre: Law
ISBN: 0198824785

Signed by 170 states, the 2003 UNESCO Intangible Heritage Convention aims to protect the traditional practices, knowledge, and skills that form the mosaic of a community's culture. Blake and Lixinski assemble a team of experts to examine the landmark treaty article-by-article, in a text of vital importance to anyone working in the field.

Practitioner Perspectives on Intangible Cultural Heritage

Practitioner Perspectives on Intangible Cultural Heritage
Author: Joanne Orr
Publisher: Taylor & Francis
Total Pages: 169
Release: 2023-12-22
Genre: Art
ISBN: 1003832571

Practitioner Perspectives on Intangible Cultural Heritage provides an accessible introduction to the Intangible Cultural Heritage field. Summarising the major changes that have taken place over the last two decades, the book explores ongoing debates and changes in thinking about best practice. Drawing on the author’s own experience of operationalising the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage in a variety of contexts, Orr also incorporates international case studies from practitioners and provides valuable insights about best practices. Demonstrating that the top-down, state-driven hierarchy for the safeguarding of heritage is starting to shift to a model of shared ownership and values driven by communities and practitioners, the book shows that the notion of the ‘expert’ is also diversifying to include other forms of transmission of traditional knowledge. Orr argues that these different perspectives provide a platform to enrich understanding and knowledge and create a stronger basis for the safeguarding of heritage - both intangible and tangible. Exploring some of the policy developments that have laid the foundations for the future involvement of community and practitioners in the global discourse, the book also suggests how practitioners can expand networks and contribute to the global discourse. Practitioner Perspectives on Intangible Cultural Heritage will appeal to museum curators and other heritage professionals, as well as students and academics engaged in the study of museums and heritage, art, and cultural policy and management.

Transboundary Heritage and Intellectual Property Law

Transboundary Heritage and Intellectual Property Law
Author: Patricia Covarrubia
Publisher: Taylor & Francis
Total Pages: 172
Release: 2022-11-30
Genre: Law
ISBN: 1000791041

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.

Intangible Cultural Heritage and Sustainable Development

Intangible Cultural Heritage and Sustainable Development
Author: Chiara Bortolotto
Publisher: Taylor & Francis
Total Pages: 190
Release: 2023-12-19
Genre: Art
ISBN: 1003825192

Drawing on debates about intangible cultural heritage (ICH) safeguarding at the local and international levels, Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention, explores the theoretical and practical implications of the intertwinement between these policy fields. Considering how sustainable development (SD) priorities are influencing representations of ICH, the volume questions how they are expanding the frontiers of the heritage realm and unsettling accepted understandings of the social uses of heritage. The contributing authors, who hail from a variety of different contexts and disciplinary backgrounds, explore these issues from a unique vantage point as both scholars and actors of the processes they analyze. Playing different roles in the implementation of the Convention, their positioning as insiders allows for a unique analytical perspective that is based on first-hand engagement with the practices of the Convention. Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention sheds light on the complexity, potential, and consequences of combining ICH and SD at the policy-making level and in heritage practices on the ground. It will be of interest to academics and students working in heritage studies, development studies, anthropology, archaeology, international law, political science, international relations, and sociology.

Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
Author: Lucas Lixinski
Publisher: OUP Oxford
Total Pages: 1246
Release: 2013-06-13
Genre: Law
ISBN: 0191668907

This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.