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International Cultural Heritage Law$
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Janet Blake

Print publication date: 2015

Print ISBN-13: 9780198723516

Published to Oxford Scholarship Online: August 2015

DOI: 10.1093/acprof:oso/9780198723516.001.0001

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Cultural Heritage and Intellectual Property Law

Cultural Heritage and Intellectual Property Law

Chapter:
(p.230) 7 Cultural Heritage and Intellectual Property Law
Source:
International Cultural Heritage Law
Author(s):

Janet Blake

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198723516.003.0007

Chapter 7 looks at Cultural Heritage and Intellectual Property Law. The appropriateness of intellectual property rules for protecting traditional cultural expressions and knowledge are addressed, with particular attention given to copyright law, patent law, and industrial property rights. The limitations of intellectual property rules for protecting for cultural heritage are identified. The application of intellectual property rules to traditional cultural expressions and knowledge is then examined with regard to both protection afforded by existing intellectual property treaties which are analysed here, and in relation to work that has been undertaken in the World Intellectual Property Organization (WIPO) since 2000 to develop sui generis rules that can afford better protection for traditional cultural expressions and knowledge. To this end, the WIPO Revised Provisions for Protecting Traditional Cultural Expressions (2014) and the WIPO Draft Articles on the Protection of Traditional Knowledge (2014), both in draft form at time of writing, are examined.

Keywords:   intellectual property rules, traditional cultural expressions, traditional knowledge, World Intellectual Property Organization (WIPO), sui generis approaches

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