ABSTRACT

The two organizations at issue here, United Nations Educational, Scientific and Cultural Organization (UNESCO) and World Intellectual Property Organization (WIPO), certainly offer different responses to the protection of traditional culture. Generally, UNESCO has tended towards a more holistic, softer approach. WIPO, on the other hand, focuses more on the economics of culture, and adopts an overall approach that may be characterized as harder. Ultimately both organizations offer feasible alternatives, each promoting different perspectives on what culture is, and what role it should play in today's society. Intangible heritage, like Indigenous peoples' heritage, must be seen as holistic. This holistic approach means, among other things, that the intangible cultural heritage (ICH) Convention focuses on 'safeguarding', as opposed to 'protection' of intangible heritage. 'Safeguarding', in the context of the ICH Convention, means a shift away from strictly legal forms of protection and towards more holistic strategies to ensure the viability of heritage for present and future generations.