Download or read book Protection of Traditional Cultural Expressions in Latin America written by Anna Friederike Busch and published by Springer. This book was released on 2015-05-19 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Protection of Traditional Cultural Expressions in Africa written by Enyinna Nwauche and published by Springer. This book was released on 2017-05-26 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property Traditional Knowledge and Cultural Property Protection written by Sharon Le Gall and published by Routledge. This book was released on 2014-01-10 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions Expressions of Folklore written by World Intellectual Property Organization and published by WIPO. This book was released on 2004 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property and Human Development written by Tzen Wong and published by Cambridge University Press. This book was released on 2010-10-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property and the Safeguarding of Traditional Cultures Legal Issues and Practical Options for Museums Libraries and Archives written by World Intellectual Property Organization and published by WIPO. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property and Traditional Cultural Expressions in a Digital Environment written by Christoph Beat Graber and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Transboundary Heritage and Intellectual Property Law written by Patricia Covarrubia and published by Taylor & Francis. This book was released on 2022-11-30 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Trade and Culture written by Patricia M. Goff and published by Routledge. This book was released on 2020-12-28 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intangible Cultural Heritage Sustainable Development and Intellectual Property written by Benedetta Ubertazzi and published by Springer Nature. This book was released on 2022-08-04 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Tunis Model Law on Copyright for Developing Countries written by Unesco. Secretariat and published by UNESCO ; Geneva : WIPO. This book was released on 1976 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary has been drafted by the Secretariat of Unesco and the International Bureau of WIPO.

Download or read book Law and Society in Latin America written by Cesar Rodriguez Garavito and published by Routledge. This book was released on 2014-09-04 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Securing Our Natural Wealth written by Debashis Bandyopadhyay and published by Springer. This book was released on 2018-06-02 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various aspects of Intellectual Property Rights (IPR) regimes with regard to plant-variety protection and farmers’ rights; traditional knowledge; geographical indications, genetically modified crops; and access to genetic resources within the broad ambit of Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Convention of Biological Diversity and other treaties/protocols. Enumerating the governance provisions for India and some of its neighboring countries, including Nepal, Sri Lanka, Bangladesh, Bhutan, Thailand and Myanmar, the book synthesizes a policy agenda to drive sustainable development. Further, it assesses and interprets the status quo, and discusses key issues and implications. By comparing various governance frameworks in South Asian countries, it attempts to bridge policy issues concerning development, IPR and international studies.

Download or read book Intellectual Property and Folk Arts and Cultural Festivals written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-12-10 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide provides general information about intellectual property (IP) and cultural interests. It identifies the main IP challenges faced by festival organizers and outlines some practical elements of an effective IP management strategy, following a step-by-step approach.

Download or read book Indigenous Intellectual Property written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Primitivism and Identity in Latin America written by Erik Camayd-Freixas and published by University of Arizona Press. This book was released on 2022-01-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although primitivism has received renewed attention in recent years, studies linking it with Latin America have been rare. This volume examines primitivism and its implications for contemporary debates on Latin American culture, literature, and arts, showing how Latin American subjects employ a Western construct to "return the gaze" of the outside world and redefine themselves in relation to modernity. Examining such subjects as Julio Cortázar and Frida Kahlo and such topics as folk art and cinema, the volume brings together for the first time the views of scholars who are currently engaging the task of cultural studies from the standpoint of primitivism. These varied contributions include analyses of Latin American art in relation to social issues, popular culture, and official cultural policy; essays in cultural criticism touching on ethnic identity, racial politics, women's issues, and conflictive modernity; and analytical studies of primitivism's impact on narrative theory and practice, film, theater, and poetry. This collection contributes offers a new perspective on a variety of significant debates in Latin American cultural studies and shows that the term primitive does not apply to these cultures as much as to our understanding of them. CONTENTS Paradise Subverted: The Invention of the Mexican Character / Roger Bartra Between Sade and the Savage: Octavio Paz’s Aztecs / Amaryll Chanady Under the Shadow of God: Roots of Primitivism in Early Colonial Mexico / Delia Annunziata Cosentino Of Alebrijes and Ocumichos: Some Myths about Folk Art and Mexican Identity / Eli Bartra Primitive Borders: Cultural Identity and Ethnic Cleansing in the Dominican Republic / Fernando Valerio-Holguín Dialectics of Archaism and Modernity: Technique and Primitivism in Angel Rama’s Transculturación narrativa en América Latina / José Eduardo González Narrative Primitivism: Theory and Practice in Latin America / Erik Camayd-Freixas Narrating the Other: Julio Cortázar’s "Axolotl" as Ethnographic Allegory / R. Lane Kauffmann Jungle Fever: Primitivism in Environmentalism; Rómulo Gallegos’s Canaima and the Romance of the Jungle / Jorge Marcone Primitivism and Cultural Production: Future’s Memory; Native Peoples’ Voices in Latin American Society / Ivete Lara Camargos Walty Primitive Bodies in Latin American Cinema: Nicolás Echevarría’s Cabeza de Vaca / Luis Fernando Restrepo Subliminal Body: Shamanism, Ancient Theater, and Ethnodrama / Gabriel Weisz Primitivist Construction of Identity in the Work of Frida Kahlo / Wendy B. Faris Mi andina y dulce Rita: Women, Indigenism, and the Avant-Garde in César Vallejo / Tace Megan Hedrick