Justifying Group Intellectual Property: Applying Western Normative Principles to Justify Intangible Cultural Property

2015 ◽  
Author(s):  
Harshavardhan Ganesan
Keyword(s):  
Intellectual Property ◽  
Cultural Property

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

Intangible Cultural Property, Tangible Databases, Visible Debates: The Sawau Project

2009 ◽  
Vol 16 (3) ◽  
pp. 255-272 ◽  
Author(s):  
Guido Carlo Pigliasco
Keyword(s):  
Intellectual Property ◽  
Cultural Property ◽  
Pacific Island ◽  
Protection Measures ◽  
International Agencies ◽  
Intangible Heritage ◽  
Collaborative Tool ◽  
Digital Documentation ◽  
Pacific Island Countries

AbstractIntellectual property claims have long been sustained in a way that is now under severe scrutiny. Pacific Island countries continue to face unauthorized uses of their traditional knowledge and practices. In response, international agencies in collaboration with Pacific Island countries are promoting sui generis forms of protection. The Institute of Fijian Language and Culture's Cultural Mapping Programme looks beyond ongoing debates about indigenous collection and digitization of intangible heritage to promote sui generis protection measures in lieu of western intellectual property law. Supported by an Institute grant, the unfolding Sawau Project creates an archive of sites, stories, and shared memories of the Sawau people of Beqa, an island iconic in Fiji for its firewalking practice (vilavilairevo). Advocating a form of social intervention in situ, The Sawau Project has become a collaborative tool to encourage digital documentation, linkages, and institutional collaborations among Fijian communities and their allies to negotiate and promote alternative forms of protection.

Rights, Indigeneity, and the Market of Rastafari

2017 ◽  
Vol 24 (1) ◽  
pp. 57-77 ◽  
Author(s):  
Jovan Scott Lewis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
The World

Abstract:This article is concerned with the ways in which discourses of rights serve to destabilize indigenous logics when used for gains in the market. It does so through examining a Rastafarian tour group who uses their participation in the tourism market to challenge what they believe are infringed cultural property rights. As a means of commercially defending these rights, the group employs a discourse of indigeneity. In this process, they have gained partial recognition from the World Intellectual Property Organization and increasing acknowledgement from the Jamaican government. However, while the basis of indigeneity strongly supports the case of intellectual and cultural property rights, this recognition ultimately further identifies the group, and Rastafari in general, with Jamaica.

Remarks in Honor of the Legal and Public Policy Legacies of John Henry Merryman: Cultural Property and Human Cells

2014 ◽  
Vol 21 (3) ◽  
pp. 243-250
Author(s):  
Robin Feldman
Keyword(s):  
Public Policy ◽  
Intellectual Property ◽  
Human Cells ◽  
Cultural Property ◽  
Alma Mater ◽  
Property Law ◽  
Intellectual Property Law

Abstract:It is an honor to be invited to speak at this symposium, both for the kind invitation to address this society, and for the opportunity to honor an esteemed scholar from my alma mater, Stanford.I come to this symposium, not as an expert in cultural property, but as an inhabitant of the field of biotechnology and intellectual property law. Although the view from a distance can provide different perspectives, it lacks the layers of understanding and meaning that are accumulated by those who are steeped in the field. I cannot possibly hope to offer solutions to issues with which many brilliant minds have spent a lifetime grappling. Thus, I temper my comments with the caution appropriate for the exercise. What I can do is offer comparisons from the treatment of human cells, as well as observations I have suggested in that context.

Raubkunst und Restitution – Zwischen Kolonialzeit und Washington Principles

2020 ◽  
Keyword(s):  
New York ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
National Socialism ◽  
Cultural Property ◽  
New Paradigm ◽  
Research Topics ◽  
Traditional Art ◽  
Procedural Law ◽  
Provenance Research

The collection of the contributions of the 13th Heidelberger Kunstrechtstag deals under the general theme „Looted Art and Restitution“ with fundamental issues of restitution law, the protection of cultural property, art law and art procedural law as well as provenance research. Topics of this year: The art collector and the art law; Provenance – History and perspectives of a new paradigm in humanities and cultural studies; Works of art in the crosshair of the persecution of the Jews in the National Socialism; Why a “Restatement of Restitiution for Nazi-Confiscated Art?“ on the example of escape goods; Intellectual property for traditional knowledge, traditional cultural forms of expressions and indigenous resources between post- and neocolonialism; Intellectual property and traditional art; Cultural assets from colonial times and restitution; The Bangwa Queen – Artifact or heritage? With contributions by Prof. Dr. Dr. h.c. mult. Erik Jayme, LL.M. (Berkeley); Prof. Dr. Christoph Zuschlag; Jun.-Prof. Dr. des. Ulrike Saß; Prof. Dr. Matthias Weller, Mag.rer.publ. und Anne Dewey; Prof. Dr. Thomas Dreier, M.C.J. (New York), Prof. Dr. Andreas Rahmatian; Dr. Karolina Kuprecht and Prof. Dr. Evelien Campfens

Protecting indigenous cultural property in the age of digital democracy: Institutional and communal responses to Canadian First Nations and Māori heritage concerns

2012 ◽  
Vol 17 (3) ◽  
pp. 307-324 ◽  
Author(s):  
Deidre Brown ◽  
George Nicholas
Keyword(s):  
New Zealand ◽  
Intellectual Property ◽  
First Nations ◽  
Digital Technologies ◽  
Social Processes ◽  
Cultural Property ◽  
Cultural Objects ◽  
Digital Democracy ◽  
Electronic Dissemination ◽  
Selection Of

This article presents a comparative study of how Canadian First Nations and New Zealand Māori peoples have employed digital technologies in the recording, reproduction, promotion and discussion of their cultural heritage. The authors explore a selection of First Nations and Māori initiatives that resist or creatively respond to the digitization and electronic dissemination of cultural ‘objects’, knowledges and landscapes as a continuation of social processes that have dynamically endured over more than two centuries. Their comparison also considers the limitations of conventional law in regard to the protection of indigenous cultural and intellectual property. Expressions of traditional knowledge and culture generally fall outside the protection of copyrights and patents, a situation that is often exacerbated when that heritage assumes digital forms.

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