Protection Of Traditional Cultural Expressions In Latin America

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Protection of Traditional Cultural Expressions in Latin America

Anna Friederike Busch
Protection of Traditional Cultural Expressions in Latin America Book PDF

Author : Anna Friederike Busch
Publisher : Springer
Page : 452 pages
File Size : 48,9 Mb
Release : 2015-05-19
Category : Law
ISBN : 9783662467701

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Protection of Traditional Cultural Expressions in Latin America by Anna Friederike Busch Pdf

This book analyses the topic of protecting traditional cultural expressions (TCEs) in Latin America. It questions classic legal approaches and involves the interface of anthropology and law. The study analyses regional, national and local particularities of law on paper and law in reality. It includes personal fieldwork research in selected countries and puts light on the political, socio-economic and environmental dimension of the topic. Based upon these insights, the study gives recommendations for a more enhanced, interdisciplinary understanding and protection of TCEs. Latin America is (still) rich of cultural traditions and bio- and sociodiversity. This region is the cradle of the international discussion on protecting TCEs. The national situations are diverse and allow conclusive comparisons. Some countries have established concrete protection systems, like Panama, and made useful experiences. It is time to resume: What do TCEs really mean? Should they be protected by law and if so, how? What can we learn from the practical experiences made so far? The following is clear: The true test for any new legislation – in Latin America and elsewhere – is its impact on the everyday life.

The Protection of Traditional Cultural Expressions in Africa

Enyinna Nwauche
The Protection of Traditional Cultural Expressions in Africa Book PDF

Author : Enyinna Nwauche
Publisher : Springer
Page : 223 pages
File Size : 42,8 Mb
Release : 2017-05-26
Category : Law
ISBN : 9783319572314

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The Protection of Traditional Cultural Expressions in Africa by Enyinna Nwauche Pdf

This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.

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 : 46,7 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781136026645

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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.

Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions/Expressions of Folklore

World Intellectual Property Organization
Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions Expressions of Folklore Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 113 pages
File Size : 41,7 Mb
Release : 2004
Category : Law
ISBN : 9789280513271

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Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions/Expressions of Folklore by World Intellectual Property Organization Pdf

This publication is part of a series of background papers prepared by the World Intellectual Property Organization (WIPO) dealing with intellectual property issues in relation to genetic resources, traditional knowledge and traditional cultural expressions/ folklore. It is intended to provide a comprehensive analysis of the policy issues that arise in the debate over improved intellectual property protection of TCEs/folklore, as an information resource for policy makers, negotiators, legislators, indigenous and traditional communities, users of traditional cultural expressions/folklore, researchers and others interested in exploring these issues in detail.

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 : 45,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848443914

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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 : 46,6 Mb
Release : 2010
Category : Law
ISBN : 9789280520163

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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.

Cultural Expression and Grassroots Development

Charles D. Kleymeyer
Cultural Expression and Grassroots Development Book PDF

Author : Charles D. Kleymeyer
Publisher : Lynne Rienner Pub
Page : 293 pages
File Size : 54,9 Mb
Release : 1994
Category : Social Science
ISBN : 1555874991

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Cultural Expression and Grassroots Development by Charles D. Kleymeyer Pdf

Argues that a people's own cultural heritage is the foundation on which equitable and sustainable development can best be built. The authors provide illustrations from 215 cases in 30 countries, ranging from adult literacy centres to reforestation and conservation efforts.

Intellectual Property and Human Development

Tzen Wong,Graham Dutfield
Intellectual Property and Human Development Book PDF

Author : Tzen Wong,Graham Dutfield
Publisher : Cambridge University Press
Page : 449 pages
File Size : 43,7 Mb
Release : 2010-10-21
Category : Law
ISBN : 9781139490016

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Intellectual Property and Human Development by Tzen Wong,Graham Dutfield Pdf

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.

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 : 44,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920

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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.

Transboundary Heritage and Intellectual Property Law

Patricia Covarrubia
Transboundary Heritage and Intellectual Property Law Book PDF

Author : Patricia Covarrubia
Publisher : Taylor & Francis
Page : 172 pages
File Size : 42,9 Mb
Release : 2022-11-30
Category : Law
ISBN : 9781000791044

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Transboundary Heritage and Intellectual Property Law by Patricia Covarrubia Pdf

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.

Trade and Culture

Patricia M. Goff
Trade and Culture Book PDF

Author : Patricia M. Goff
Publisher : Routledge
Page : 136 pages
File Size : 55,9 Mb
Release : 2020-12-28
Category : Political Science
ISBN : 9781000294989

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Trade and Culture by Patricia M. Goff Pdf

Governments that seek to liberalize trade can find that doing so is often in tension with their desire to achieve the objectives of cultural policy. This is because measures like local content requirements can seem like discriminatory practices when viewed through the lens of trade liberalization. This tension has prompted a long-standing debate, with great variation in how countries have approached it. Trade and Culture: The Ongoing Debate explores this variation across geographic space. It also seeks to explain the evolution in these various policies over time. Policies are not static, largely due to domestic politics, shifts in the international trading system and technological developments. The chapters in this volume explore the different approaches to the trade and culture debate and provide an up-to-date look at current versions of these policies in Canada, the European Union, South Africa, Latin America, South Korea, the United States and China. This book will be of great value to scholars and researchers interested in cultural policies and the politics of international trade. This book was originally published as a special issue of the International Journal of Cultural Policy.

Intangible Cultural Heritage, Sustainable Development and Intellectual Property

Benedetta Ubertazzi
Intangible Cultural Heritage Sustainable Development and Intellectual Property Book PDF

Author : Benedetta Ubertazzi
Publisher : Springer Nature
Page : 392 pages
File Size : 43,9 Mb
Release : 2022-08-04
Category : Law
ISBN : 9783031081040

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Intangible Cultural Heritage, Sustainable Development and Intellectual Property by Benedetta Ubertazzi Pdf

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Tunis Model Law on Copyright for Developing Countries

Unesco. Secretariat,World Intellectual Property Organization. International Bureau
Tunis Model Law on Copyright for Developing Countries Book PDF

Author : Unesco. Secretariat,World Intellectual Property Organization. International Bureau
Publisher : UNESCO ; Geneva : WIPO
Page : 36 pages
File Size : 42,6 Mb
Release : 1976
Category : Copyright
ISBN : IND:30000057343240

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Tunis Model Law on Copyright for Developing Countries by Unesco. Secretariat,World Intellectual Property Organization. International Bureau Pdf

This commentary has been drafted by the Secretariat of Unesco and the International Bureau of WIPO.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

World Intellectual Property Organization
Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 54,5 Mb
Release : 2020-07-08
Category : Law
ISBN : 9789280525878

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Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by World Intellectual Property Organization Pdf

General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Law and Society in Latin America

Cesar Rodriguez Garavito
Law and Society in Latin America Book PDF

Author : Cesar Rodriguez Garavito
Publisher : Routledge
Page : 324 pages
File Size : 55,8 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781136002489

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Law and Society in Latin America by Cesar Rodriguez Garavito Pdf

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.