Intellectual Property and Traditional Cultural Expressions in a Digital Environment

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"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.
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Product Details

  • ISBN-13: 9781847209214
  • Publisher: Elgar, Edward Publishing, Inc.
  • Publication date: 1/1/2008
  • Pages: 352
  • Product dimensions: 6.40 (w) x 9.30 (h) x 0.90 (d)

Table of Contents

Pt. I Local Traditions and Global Law
1 Lost in Tradition? Reconsidering the history of folklore and its legal protection since 1800 Monika Dommann Dommann, Monika 3
2 Cannibalizing epistemes: will modern law protect traditional cultural expressions? Gunther Teubner Teubner, Gunther Andreas Fischer-Lescano Fischer-Lescano, Andreas 17 Pt. II Intellectual Property and Human Rights
3 The Disneyland of cultural rights to intellectual property: anthropological and philosophical perspectives Elizabeth Burns Coleman Coleman, Elizabeth Burns 49
4 Human rights, cultural property and intellectual property: three concepts in search of a relationship Fiona Macmillan Macmillan, Fiona 73
5 Using human rights to tackle fragmentation in the field of traditional cultural expressions: an institutional approach Christoph Beat Graber Graber, Christoph Beat 96 Pt. III Intellectual Property Law and Policy
6 Legal protection of traditional cultural expressions: a policy perspective Martin A. Girsberger Girsberger, Martin A. 123
7 "It's a small world (after all) ": some reflections on intellectual property and traditional cultural expressions Wend B. Wendland Wendland, Wend B. 150
8 The lay of the land: the geography of traditional cultural expression Johanna Gibson Gibson, Johanna 182 Pt. IV New Technologies and Development
9 The long tail of the rainbow serpent: new technologies and the protection and promotion of traditional cultural expressions Mira Burri-Nenova Burri-Nenova, Mira 205
10 New information and communication technologies, traditional cultural expressions and intellectual property lawmaking - a polemic comment Herbert Burkert Burkert,Herbert 237
11 Commercializing cultural heritage? Criteria for a balanced instrumentalization of traditional cultural expressions for development in a globalized digital environment Miriam Sahlfeld Sahlfeld, Miriam 256
12 Traditional cultural expressions and their significance for development in a digital environment: examples from Australia and Southeast Asia Christoph Antons Antons, Christoph 287 Annex: Excerpts from documents of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore 303 Index 315
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