ABSTRACT

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes.

This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage.

Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

chapter |5 pages

Introduction

chapter 1|15 pages

Enredados – detangling definitions and strengthening views

A lexicon of relevant terms, institutions, and legislations

chapter 3|20 pages

Scaling up and down the edible heritage

Food and foodways as terrains of cultural friction

chapter 4|23 pages

Tangled webs and remote paths

Transboundary consent and justifiable downstream limits in the protection of traditional knowledge associated with genetic resources within the context of drug discovery – the problems of a consequentialist account

chapter 5|23 pages

The legal protection of intangible cultural heritage

The inadequacy of intellectual property in the Republic of Korea

chapter 7|20 pages

Colombian/Panamanian molas

Coping with the challenges posed in protecting and commercialising transboundary intangible cultural heritage

chapter 8|15 pages

The ‘Pisco War'

A Chilean-Peruvian conflict at the crossroads of an intellectual property regime and intangible cultural heritage

chapter 9|15 pages

Cross-border safeguarding of intangible cultural heritage through geographical indications and EU collective marks

Consolidation of litigation through private international law

chapter 10|24 pages

Codes and protocols

Protecting transboundary traditional medical knowledge in Southern Africa 1

chapter 11|20 pages

Knitting a future for the Aymara's weavers

The Andean project 1