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Intangible Cultural Heritage in International Law$
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Lucas Lixinski

Print publication date: 2013

Print ISBN-13: 9780199679508

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199679508.001.0001

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Intellectual Property and Intangible Heritage

Intellectual Property and Intangible Heritage

Chapter:
(p.174) (p.175) 6 Intellectual Property and Intangible Heritage
Source:
Intangible Cultural Heritage in International Law
Author(s):

Lucas Lixinski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199679508.003.0006

This chapter addresses the ways in which intellectual property can be used to redress cultural harm. It argues that intellectual property offers the strongest form of protection, but it easily commodifies and ossifies heritage. The chapter looks at how copyright (including moral rights), trademarks, trade secrets, appellations of origin, and industrial designs can be (and have been) used to protect certain manifestations of heritage. The chapter also discusses issues related to the propertization of the ‘cultural commons’ and the public domain. It argues that cultural flows are a necessary part of cultural life and heritage, and are responsible for the maintenance of living cultures, and that intellectual property stifles these flows. Therefore, intellectual property should be used only in certain situations, where cultural harm is serious and needs to be redressed.

Keywords:   Intellectual property, copyright, moral rights, trademarks, trade secrets, appellations of origin, industrial design

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