Intellectual And Cultural Property

Intellectual And Cultural Property Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Intellectual And Cultural Property book. This book definitely worth reading, it is an incredibly well-written.

Intellectual and Cultural Property

Fiona Macmillan
Intellectual and Cultural Property Book PDF

Author : Fiona Macmillan
Publisher : Routledge
Page : 228 pages
File Size : 51,8 Mb
Release : 2020-11-12
Category : Art
ISBN : 9780429759215

Get Book

Intellectual and Cultural Property by Fiona Macmillan Pdf

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

Intellectual Property, Cultural Property and Intangible Cultural Heritage

Christoph Antons,William Logan
Intellectual Property Cultural Property and Intangible Cultural Heritage Book PDF

Author : Christoph Antons,William Logan
Publisher : Routledge
Page : 247 pages
File Size : 41,6 Mb
Release : 2017-12-06
Category : Social Science
ISBN : 9781317500537

Get Book

Intellectual Property, Cultural Property and Intangible Cultural Heritage by Christoph Antons,William Logan Pdf

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.

Indigenous Cultural Heritage and Intellectual Property Rights

Jessica Christine Lai
Indigenous Cultural Heritage and Intellectual Property Rights Book PDF

Author : Jessica Christine Lai
Publisher : Springer Science & Business Media
Page : 342 pages
File Size : 51,7 Mb
Release : 2014-01-08
Category : Law
ISBN : 9783319029559

Get Book

Indigenous Cultural Heritage and Intellectual Property Rights by Jessica Christine Lai Pdf

Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Intellectual and Cultural Property

Fiona Macmillan
Intellectual and Cultural Property Book PDF

Author : Fiona Macmillan
Publisher : Routledge
Page : 218 pages
File Size : 47,9 Mb
Release : 2020-11-12
Category : Art
ISBN : 9780429759222

Get Book

Intellectual and Cultural Property by Fiona Macmillan Pdf

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Sharon Le Gall
Intellectual Property Traditional Knowledge and Cultural Property Protection Book PDF

Author : Sharon Le Gall
Publisher : Routledge
Page : 269 pages
File Size : 40,7 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781136026645

Get Book

Intellectual Property, Traditional Knowledge and Cultural Property Protection by Sharon Le Gall Pdf

International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.

The Cultural Life of Intellectual Properties

Rosemary J. Coombe
The Cultural Life of Intellectual Properties Book PDF

Author : Rosemary J. Coombe
Publisher : Duke University Press
Page : 484 pages
File Size : 40,5 Mb
Release : 1998-10-13
Category : Law
ISBN : 082232119X

Get Book

The Cultural Life of Intellectual Properties by Rosemary J. Coombe Pdf

DIVAn ethnography of inellectual property, discussing the uses made of items of inellectual property by various cultural groups -- for purposes of identity, solidaritiy, resistance and so forth. /div

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Christoph Beat Graber,Mira Burri Nenova
Intellectual Property and Traditional Cultural Expressions in a Digital Environment Book PDF

Author : Christoph Beat Graber,Mira Burri Nenova
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 42,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848443914

Get Book

Intellectual Property and Traditional Cultural Expressions in a Digital Environment by Christoph Beat Graber,Mira Burri Nenova Pdf

This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

World Intellectual Property Organization
Intellectual Property and the Safeguarding of Traditional Cultures Legal Issues and Practical Options for Museums Libraries and Archives Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 126 pages
File Size : 46,7 Mb
Release : 2010
Category : Law
ISBN : 9789280520163

Get Book

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by World Intellectual Property Organization Pdf

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

Indigenous Heritage and Intellectual Property

Silke von Lewinski
Indigenous Heritage and Intellectual Property Book PDF

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 564 pages
File Size : 43,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920

Get Book

Indigenous Heritage and Intellectual Property by Silke von Lewinski Pdf

For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Indigenous Intellectual Property

Matthew Rimmer
Indigenous Intellectual Property Book PDF

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 50,9 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781781955901

Get Book

Indigenous Intellectual Property by Matthew Rimmer Pdf

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.

Intellectual Property and Traditional Cultural Expressions

Daphne Zografos
Intellectual Property and Traditional Cultural Expressions Book PDF

Author : Daphne Zografos
Publisher : Edward Elgar Publishing
Page : 259 pages
File Size : 42,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849806336

Get Book

Intellectual Property and Traditional Cultural Expressions by Daphne Zografos Pdf

'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries. Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.

Beyond Intellectual Property

Darrell Addison Posey,Graham Dutfield
Beyond Intellectual Property Book PDF

Author : Darrell Addison Posey,Graham Dutfield
Publisher : IDRC
Page : 324 pages
File Size : 44,5 Mb
Release : 1996
Category : Cultural property
ISBN : 9780889367999

Get Book

Beyond Intellectual Property by Darrell Addison Posey,Graham Dutfield Pdf

Cultural property, aboriginal people, ethnobiology, legal status, laws.

Intellectual Property Protection of Traditional Cultural Expressions

Luo Li
Intellectual Property Protection of Traditional Cultural Expressions Book PDF

Author : Luo Li
Publisher : Springer Science & Business
Page : 253 pages
File Size : 42,5 Mb
Release : 2014-04-22
Category : Law
ISBN : 9783319045252

Get Book

Intellectual Property Protection of Traditional Cultural Expressions by Luo Li Pdf

The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Research Handbook on Intellectual Property and Cultural Heritage

Stamatoudi, Irini
Research Handbook on Intellectual Property and Cultural Heritage Book PDF

Author : Stamatoudi, Irini
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 42,5 Mb
Release : 2022-07-21
Category : Social Science
ISBN : 9781800376915

Get Book

Research Handbook on Intellectual Property and Cultural Heritage by Stamatoudi, Irini Pdf

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.

Indigenous Heritage and Self-determination

Tony Simpson
Indigenous Heritage and Self determination Book PDF

Author : Tony Simpson
Publisher : IWGIA
Page : 236 pages
File Size : 54,6 Mb
Release : 1997
Category : Law
ISBN : 8798411039

Get Book

Indigenous Heritage and Self-determination by Tony Simpson Pdf

The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.