The Protection Of Traditional Cultural Expressions In Africa
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Author | : Enyinna Nwauche |
Publisher | : Springer |
Total Pages | : 234 |
Release | : 2017-05-26 |
Genre | : Law |
ISBN | : 3319572318 |
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Author | : Christoph Beat Graber |
Publisher | : Edward Elgar Publishing |
Total Pages | : 345 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 1848443919 |
This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.
Author | : Tzen Wong |
Publisher | : Cambridge University Press |
Total Pages | : 449 |
Release | : 2010-10-21 |
Genre | : Law |
ISBN | : 113949001X |
This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 126 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9280520164 |
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
Author | : Unesco. Secretariat |
Publisher | : UNESCO ; Geneva : WIPO |
Total Pages | : 36 |
Release | : 1976 |
Genre | : Copyright |
ISBN | : |
This commentary has been drafted by the Secretariat of Unesco and the International Bureau of WIPO.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 113 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9280513273 |
This publication is part of a series of background papers prepared by the World Intellectual Property Organization (WIPO) dealing with intellectual property issues in relation to genetic resources, traditional knowledge and traditional cultural expressions/ folklore. It is intended to provide a comprehensive analysis of the policy issues that arise in the debate over improved intellectual property protection of TCEs/folklore, as an information resource for policy makers, negotiators, legislators, indigenous and traditional communities, users of traditional cultural expressions/folklore, researchers and others interested in exploring these issues in detail.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 40 |
Release | : 2017-12-08 |
Genre | : Law |
ISBN | : 9280528831 |
There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.
Author | : Silke von Lewinski |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 564 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041124926 |
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Author | : Runette Kruger |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 370 |
Release | : 2018-12-17 |
Genre | : Social Science |
ISBN | : 1527523624 |
This collection derives from a conference held in Pretoria, South Africa, and discusses issues of indigenous knowledge systems (IKS) and the arts. It presents ideas about how to promote a deeper understanding of IKS within the arts, the development of IKS-arts research methodologies, and the protection and promotion of IKS in the arts. Knowledge, embedded in song, dance, folklore, design, architecture, theatre, and attire, and the visual arts can promote innovation and entrepreneurship, and it can improve communication. IKS, however, exists in a post-millennium, modernizing Africa. It is then the concept of post-Africanism that would induce one to think along the lines of a globalized, cosmopolitan and essentially modernized Africa. The book captures leading trends and ideas that could help to protect, promote, develop and affirm indigenous knowledge and systems, whilst also making room for ideas that do not necessarily oppose IKS, but encourage the modernization (not Westernization) of Africa.
Author | : Michelle L. Stefano |
Publisher | : Routledge |
Total Pages | : 234 |
Release | : 2021-07-23 |
Genre | : Art |
ISBN | : 1000412385 |
Practical Considerations for Safeguarding Intangible Cultural Heritage examines theoretical issues relating to intangible cultural heritage policy and practice, whilst also proposing practical ways to facilitate the safeguarding of such heritage. Providing guidelines for best practice that take into account the constraints of the UNESCO-ICH paradigm, Stefano examines the principles and practices of two alternative and largely non-UNESCO frameworks for sustaining living cultural traditions: the philosophy of ecomuseology, and the discipline of public folklore in the context of the U.S. Arguing that they offer more collaborative, equitable, and effective ways forward for safeguarding ICH, Stefano demonstrates how they can address the limitations of the UNESCO-ICH paradigm. Importantly, the book offers a personal perspective, grounded in the author’s public sector work, which allows the ICH discourse to move beyond critical analysis and explore realistic, alternative ways in which ICH can be collaboratively and equitably safeguarded. Practical Considerations for Safeguarding Intangible Cultural Heritage proposes guidelines for professionals, researchers, and communities that foster safeguarding approaches that are as unique and nuanced as ICH expressions themselves. The interdisciplinary nature of the book will ensure that it is useful to those interested in community-led ICH safeguarding, as well as the impacts of UNESCO’s 2003 Convention, in diverse geographic, political, economic, and sociocultural contexts.