New Frontiers of Intellectual Property Law : IP and Cultural Heritage – Geographical Indications – Enforcement – Overprotection

2005 ◽  
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Geographical Indications ◽  
Property Law ◽  
Intellectual Property Law

Western Dualism and the Regulation of Cultural Production

2021 ◽  
Vol 4 (4) ◽  
pp. 1-116
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Cultural Production ◽  
Property Law ◽  
Western Thought ◽  
The West ◽  
Intellectual Property Law ◽  
The World ◽  
Legal Regimes

Abstract This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.

Part II Substantive Aspects, Ch.20 Cultural Heritage and Intellectual Property

2020 ◽  
Author(s):  
Burri Mira
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Copyright Protection ◽  
Property Law ◽  
Legal Regime ◽  
Intellectual Property Law ◽  
The Creation ◽  
Traditional Cultural Expressions ◽  
The Relationship

This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.

scholarly journals Intellectual Property and Cultural Heritage: Towards Interdisciplinarity

2021 ◽  
pp. 331-343
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Private Property ◽  
Subsequent Development ◽  
Legal Order ◽  
Property Law ◽  
Intellectual Property Law ◽  
State Of Affairs ◽  
Community Struggles

The laws governing intellectual property (IP) and cultural heritage, respectively, belong to different parts of the legal order. Intellectual property law, while usually depending on a discourse that either privileges certain types of cultural or innovative outputs or celebrates their importance for our collective life, grants private property rights over certain types of artefacts. Cultural heritage law, on the other hand, is about state, public, and/or community rights and interests over certain types of artefacts. As the positive legal order understands the world, the two sets of law have nothing, or almost nothing, to do with each other. However, the link between the two exists as a consequence of the overlapping application of these two regimes to certain artefacts, such as the heritage of Indigenous Peoples. In this limited context, community struggles allied with innovative legal scholarship and some welcome institutional and judicial activism have opened up a small space in the positivist framework that recognizes a relationship between intellectual property law and the protection of heritage. The use of interdisciplinary perspectives has been critical in this process, as they have also been in the subsequent development of this debate to encompass questions around the relationship between intellectual property rights and cultural heritage more generally. This short chapter examines questions of methodology opened up by this state of affairs. It reflects on a selection of the myriad subquestions and implications opened up by, respectively, the question of legal ordering and that of interdisciplinary and cross-disciplinary approaches.

Australian Intellectual Property Law

2008 ◽  
Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Intellectual Property Law
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