Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property, in particular cultural property and intellectual property, their relationship to intangible cultural heritage and how these notions of property 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.
Case studies from Asia, as well as from Europe and Australia examine the key issues surrounding the complex relationship between intellectual and cultural property and intangible cultural heritage.
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
Key Issues in Cultural Heritage is a new and unique series which aims to identify interdisciplinary debates within the changing and under-theorized field of Heritage Studies and to explore how they impact on the practices not only of heritage management and conservation, but also the processes of production, consumption and engagement with heritage in its many and varied forms. Each volume brings together a selection of international contributors and global case studies, providing a balance of theoretical and empirical content.