1st Edition
Transboundary Heritage and Intellectual Property Law Safeguarding Intangible Cultural Heritage
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.
Introduction
Patricia Covarrubia
1. Enredados – detangling definitions and strengthening views: A lexicon of relevant terms, institutions, and legislations
Patricia Covarrubia
2. Intangible cultural heritage, intellectual property, and the politics of development in Southeast Asia
Christoph Antons
3. Scaling up and down the edible heritage: Food and foodways as terrains of cultural friction
Raúl Matta
4. 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
Peter Harrison
5. The legal protection of intangible cultural heritage: The inadequacy of intellectual property in the Republic of Korea
Gyooho Lee
6. Cross-border safeguarding of intangible cultural heritage through geographical indications and EU collective marks: The issue
Benedetta Ubertazzi
7. Colombian/Panamanian molas: Coping with the challenges posed in protecting and commercialising transboundary intangible cultural heritage
Florelia Vallejo-Trujillo
8. The ‘Pisco War’: A Chilean-Peruvian conflict at the crossroads of an intellectual property regime and intangible cultural heritage
Bernardo Alarcón Porflidtt
9. Cross-border safeguarding of intangible cultural heritage through geographical indications and EU collective marks: Consolidation of litigation through private international law
Benedetta Ubertazzi
10. Code and protocols: Protecting transboundary traditional medical knowledge in Southern Africa
Pamela Andanda
11. Knitting a future for the Aymara’s weavers: The Andean project
Patricia Covarrubia
Biography
Patricia Covarrubia is a Reader of Law at the University of Buckingham, Law School, UK. She is an intellectual property consultant at the Latin America IPR SME Helpdesk, co-funded by the EU Commission, and a member of the Comité Scientifique at Centre de coopération internationale en recherche (CIRAD), working for the sustainable development of tropical and Mediterranean regions. Patricia is manager and blogger at IPTango (Intellectual Property weblog – Latin America).
