Cultural Heritage and Intellectual Property
in The Oxford Handbook of International Cultural Heritage Law , edited by Francesco Francioni and Ana Vrdoljak (Oxford University Press, 2020), pp. 459-482
25 Pages Posted: 16 Dec 2018 Last revised: 18 May 2020
Date Written: November 21, 2018
The chapter provides a brief introduction to some of the key concepts and the key legal institutions relevant for the protection of intellectual property and its interface with cultural heritage and intangible cultural heritage in particular. It then proceeds with exploring in how far discrete intellectual property rights, such as patent, copyright or trademarks, can protect expressions of cultural heritage. 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.
Keywords: cultural heritage, intellectual property, patent, copyright, trade, indigenous peoples, traditional knowledge, traditional cultural expressions
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