Intellectual Property Traditional Knowledge And Cultural Property Protection

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Intellectual Property, Traditional Knowledge and Cultural Property Protection

Author : Sharon B. Le Gall
Publisher : Routledge
ISBN 13 : 1136026649
Total Pages : 198 pages
Book Rating : 4.1/5 (36 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 Routledge. This book was released on 2014-01-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.

Intellectual Property Rights and the Protection of Traditional Knowledge

Author : Nisha Dhanraj Dewani
Publisher : Information Science Reference
ISBN 13 : 9781799818359
Total Pages : 315 pages
Book Rating : 4.8/5 (183 download)

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Book Synopsis Intellectual Property Rights and the Protection of Traditional Knowledge by : Nisha Dhanraj Dewani

Download or read book Intellectual Property Rights and the Protection of Traditional Knowledge written by Nisha Dhanraj Dewani and published by Information Science Reference. This book was released on 2019 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book explores the protection of traditional knowledge and indigenous peoples' rights through intellectual property"--Provided by publisher"--

Indigenous Heritage and Intellectual Property

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124926
Total Pages : 564 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Indigenous Heritage and Intellectual Property by : Silke von Lewinski

Download or read book Indigenous Heritage and Intellectual Property written by Silke von Lewinski and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Developing a National Strategy on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 4 pages
Book Rating : 4./5 ( download)

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Book Synopsis Developing a National Strategy on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions by : World Intellectual Property Organization

Download or read book Developing a National Strategy on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2016 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief summarizes the legal, policy and operational issues that need to be considered in developing a national strategy for the intellectual property protection of traditional knowledge and traditional cultural expressions.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280535684
Total Pages : 55 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. by : World Intellectual Property Organization

Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. written by World Intellectual Property Organization and published by WIPO. This book was released on with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Protecting Traditional Knowledge

Author : Daniel F. Robinson
Publisher : Taylor & Francis
ISBN 13 : 1317354869
Total Pages : 366 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Protecting Traditional Knowledge by : Daniel F. Robinson

Download or read book Protecting Traditional Knowledge written by Daniel F. Robinson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4./5 ( download)

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Book Synopsis Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition by : World Intellectual Property Organization

Download or read book Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-11 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: ..This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

Intellectual Property and Traditional Cultural Expressions/folklore

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 928051363X
Total Pages : 26 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Traditional Cultural Expressions/folklore by : World Intellectual Property Organization

Download or read book Intellectual Property and Traditional Cultural Expressions/folklore written by World Intellectual Property Organization and published by WIPO. This book was released on 2003* with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280525875
Total Pages : 56 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by : World Intellectual Property Organization

Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Intellectual Property and Traditional Cultural Expressions

Author : Daphne Zografos
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806330
Total Pages : 259 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property and Traditional Cultural Expressions by : Daphne Zografos

Download or read book Intellectual Property and Traditional Cultural Expressions written by Daphne Zografos and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries. Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.

Intellectual Property Rights and the Protection of Traditional Knowledge

Author : Dewani, Nisha Dhanraj
Publisher : IGI Global
ISBN 13 : 1799818373
Total Pages : 296 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Intellectual Property Rights and the Protection of Traditional Knowledge by : Dewani, Nisha Dhanraj

Download or read book Intellectual Property Rights and the Protection of Traditional Knowledge written by Dewani, Nisha Dhanraj and published by IGI Global. This book was released on 2019-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.

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

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

Author : World Intellectual Property Organization
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.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127216
Total Pages : 421 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region by : Christoph Antons

Download or read book Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region written by Christoph Antons and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Intellectual Property Protection of Traditional Cultural Expressions

Author : Luo Li
Publisher : Springer Science & Business
ISBN 13 : 3319045253
Total Pages : 231 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 231 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.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Author : Christoph Beat Graber
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443919
Total Pages : 345 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Intellectual Property and Traditional Cultural Expressions in a Digital Environment by : Christoph Beat Graber

Download or read book Intellectual Property and Traditional Cultural Expressions in a Digital Environment written by Christoph Beat Graber and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Author : Paul Kuruk
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368486
Total Pages : 582 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by : Paul Kuruk

Download or read book Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property written by Paul Kuruk and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.

Intellectual Property, Cultural Property and Intangible Cultural Heritage

Author : Christoph Antons
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.