Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world.
There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues.
Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.
Table of Contents
Chapter 1: Intellectual and Cultural Property and the Safeguarding of Intangible Cultural Heritage; Part I: Cultural heritage, cultural property, intellectual property: shifting concepts and terminology; Chapter 2 UNESCO Heritage-Speak: Words, Syntax and Rhetoric; Chapter 3 Indigenous Peoples, Intangible Cultural Heritage and Participation in the United Nations; Chapter 4 Cultural and Intellectual Property in Cross-border Disputes over Intangible Cultural Heritage; Chapter 5 The Failed Case for Property Rights in Intangible Indigenous Cultural Property; Chapter 6 The Alliance of Small Island States, Intellectual Property, Cultural Heritage and Climate Change; Part II The Regulation of Heritage and Indigenous Rights; Chapter 7 The Placelessness of Property, Intellectual Property and Cultural Heritage Law in the Australian Legal Landscape: Engaging Cultural Landscapes; Chapter 8 Protection of Sami Intangible Cultural Heritage and Intellectual Property Rights and its Relation to Identity in a Postcolonial Norway; Chapter 9 Comparative Case Analysis of FPIC Processes for Community Intellectual Property Rights in the Philippines; Part III Intangible Cultural Heritage, Law and Nation Building; Chapter 10 Culture by Decree: Thailand’s Intangible Cultural Heritage Bill and the Regulation of Thai-ness; Chapter 11 Protection of Traditional Knowledge in Agriculture: A Review of the Laws in Malaysia; Chapter 12 The Protection of Intangible Cultural Resources in the Indonesian Legal System; Chapter 13 Local Roles in the National Schemes for Intangible Cultural Heritage Protection in China: The Case of Yunnan
University of Newcastle, New South Wales, Australia
Christoph Antons is Professor of Law at the Newcastle Law School, Faculty of Business and Law, University of Newcastle, Australia. He is an Affiliated Research Fellow at the Max Planck Institute for Innovation and Competition in Munich and Senior Fellow at the Center for Development Research, University of Bonn, Germany. His latest book publication is The Routledge Handbook of Asian Law (2017).
Deakin University, Geelong, Australia
William Logan is Professor Emeritus at Deakin University and fellow of the Academy of Social Sciences in Australia. He was formerly UNESCO Chair of Heritage and Urbanism at Deakin, member of the Heritage Council of Victoria and president of Australia ICOMOS. He is co-editor of the Routledge Key Issues in Cultural Heritage book series and the Blackwell Companion to Heritage Studies.
This volume is a significant contribution from Routledge’s Key Issues in Cultural Heritage series, which aims to promote interdisciplinary debates and address the under-theorised nature of many spectrums of cultural heritage." - Claire Smith & Suramya Bansal, Flinders University