Intellectual Property, Cultural Property and Intangible Cultural Heritage

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Author :
Publisher : Routledge
ISBN 13 : 1317500539
Total Pages : 247 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Intellectual Property, Cultural Property and Intangible Cultural Heritage by : Christoph Antons

Download or read book Intellectual Property, Cultural Property and Intangible Cultural Heritage written by Christoph Antons and published by Routledge. This book was released on 2017-12-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual and Cultural Property

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Author :
Publisher : Routledge
ISBN 13 : 0429759215
Total Pages : 237 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Intellectual and Cultural Property by : Fiona Macmillan

Download or read book Intellectual and Cultural Property written by Fiona Macmillan and published by Routledge. This book was released on 2020-11-12 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

Indigenous Cultural Heritage and Intellectual Property Rights

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 331902955X
Total Pages : 342 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Indigenous Cultural Heritage and Intellectual Property Rights by : Jessica Christine Lai

Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Intangible Cultural Heritage and Intellectual Property

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Publisher :
ISBN 13 : 9789050957588
Total Pages : 0 pages
Book Rating : 4.9/5 (575 download)

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Book Synopsis Intangible Cultural Heritage and Intellectual Property by : Toshiyuki Kono

Download or read book Intangible Cultural Heritage and Intellectual Property written by Toshiyuki Kono and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Contemporary Intangible Cultural Heritage

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786434016
Total Pages : 449 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Contemporary Intangible Cultural Heritage by : Charlotte Waelde

Download or read book Research Handbook on Contemporary Intangible Cultural Heritage written by Charlotte Waelde and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intangible Cultural Heritage Under National and International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839100036
Total Pages : 225 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intangible Cultural Heritage Under National and International Law by : Marie Cornu

Download or read book Intangible Cultural Heritage Under National and International Law written by Marie Cornu and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.

Intangible Cultural Heritage in International Law

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Publisher : OUP Oxford
ISBN 13 : 0199679509
Total Pages : 295 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Intangible Cultural Heritage in International Law by : Lucas Lixinski

Download or read book Intangible Cultural Heritage in International Law written by Lucas Lixinski and published by OUP Oxford. This book was released on 2013-06-13 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

Patents and Technological Progress in a Globalized World

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Publisher : Springer Science & Business Media
ISBN 13 : 3540887431
Total Pages : 898 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis Patents and Technological Progress in a Globalized World by : Wolrad Prinz zu Waldeck und Pyrmont

Download or read book Patents and Technological Progress in a Globalized World written by Wolrad Prinz zu Waldeck und Pyrmont and published by Springer Science & Business Media. This book was released on 2008-11-20 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

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Publisher : WIPO
ISBN 13 : 9280520164
Total Pages : 126 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by : World Intellectual Property Organization

Download or read book Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives written by World Intellectual Property Organization and published by WIPO. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

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Publisher :
ISBN 13 : 9780415640428
Total Pages : 0 pages
Book Rating : 4.6/5 (44 download)

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Book Synopsis Intellectual Property, Traditional Knowledge and Cultural Property Protection by : Sharon B. Le Gall

Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon B. Le Gall and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.

The 2003 UNESCO Intangible Heritage Convention

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Publisher :
ISBN 13 : 0198824785
Total Pages : 557 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The 2003 UNESCO Intangible Heritage Convention by : Janet Blake

Download or read book The 2003 UNESCO Intangible Heritage Convention written by Janet Blake and published by . This book was released on 2020 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Protection of Traditional Cultural Expressions

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Publisher : Springer Science & Business
ISBN 13 : 3319045253
Total Pages : 253 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Intellectual Property Protection of Traditional Cultural Expressions by : Luo Li

Download or read book Intellectual Property Protection of Traditional Cultural Expressions written by Luo Li and published by Springer Science & Business. This book was released on 2014-04-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Practical Considerations for Safeguarding Intangible Cultural Heritage

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Publisher : Routledge
ISBN 13 : 1000412385
Total Pages : 234 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Practical Considerations for Safeguarding Intangible Cultural Heritage by : Michelle L. Stefano

Download or read book Practical Considerations for Safeguarding Intangible Cultural Heritage written by Michelle L. Stefano and published by Routledge. This book was released on 2021-07-23 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Treasured Possessions

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Publisher : Duke University Press
ISBN 13 : 0822399709
Total Pages : 509 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Treasured Possessions by : Haidy Geismar

Download or read book Treasured Possessions written by Haidy Geismar and published by Duke University Press. This book was released on 2013-06-04 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a Māori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.

A Companion to Heritage Studies

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Publisher : John Wiley & Sons
ISBN 13 : 1118486668
Total Pages : 621 pages
Book Rating : 4.1/5 (184 download)

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Book Synopsis A Companion to Heritage Studies by : William Logan

Download or read book A Companion to Heritage Studies written by William Logan and published by John Wiley & Sons. This book was released on 2015-10-12 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Heritage Studies BLACKWELL COMPANIONS TO ANTHROPOLOGY A Companion to Heritage Studies “This Companion provides a gateway to heritage studies for students and scholars alike. Taken together, the essays testify to how exciting and dynamic this field has become.” Valdimar Tr. Hafstein, University of Iceland “Interdisciplinary and international in scope, A Companion to Heritage Studies succeeds in bringing together critical and practical, historicizing and future-oriented scholarship on what has become an all-pervasive global interest and industry, passion and resource.” Regina F. Bendix, Göttingen University, Germany “A vast and complete overview of the contemporary challenges of heritage preservation and management. This is an important book for practitioners, planners, and policy makers. The Companion fills a gap and helps address many of the uncomfortable questions heritage preservation is facing today.” Francesco Bandarin, Special Advisor to UNESCO for Heritage and Professor, University Iuav of Venice A Companion to Heritage Studies is a comprehensive, state-of-the-art survey of the interdisciplinary study of cultural heritage. Featuring a substantial framework-setting essay by the editors, and contributions from an international array of scholars, including some with extensive experience in heritage practice through UNESCO, the World Heritage Centre, ICOMOS and national heritage systems, this Companion offers a cutting-edge guide to this emergent and increasingly important field that is global in scope, cross-cultural in focus, and critical in approach. The selected essays have been innovatively organized into three sections on the expansion, use and abuse, and the recasting of heritage. The Companion covers all of the key themes in research, including old and new outlooks on cultural heritage and its management, heritage as a form of cultural politics, the emergence of critical heritage studies, the role of heritage in times of rapid change and conflict, heritage in environmental protection, the rise of intangible heritage, museums and digital heritage, World Heritage and tourism, and heritage ethics and human rights. A Companion to Heritage Studies will be an invaluable resource for students and scholars of anthropology, archeology, and cultural studies, as well as anyone interested in better understanding the historical, social, and political significance of heritage.

Intellectual Property and Folk, Arts and Cultural Festivals

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Author :
Publisher : WIPO
ISBN 13 : 928052531X
Total Pages : 60 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Folk, Arts and Cultural Festivals by : World Intellectual Property Organization

Download or read book Intellectual Property and Folk, Arts and Cultural Festivals written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-12-10 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide provides general information about intellectual property (IP) and cultural interests. It identifies the main IP challenges faced by festival organizers and outlines some practical elements of an effective IP management strategy, following a step-by-step approach.

International Law and the Protection of Cultural Heritage

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Publisher : Routledge
ISBN 13 : 0415467810
Total Pages : 482 pages
Book Rating : 4.4/5 (154 download)

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Book Synopsis International Law and the Protection of Cultural Heritage by : Craig Forrest

Download or read book International Law and the Protection of Cultural Heritage written by Craig Forrest and published by Routledge. This book was released on 2010 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.