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Intangible Cultural Heritage, Sustainable Development and Intellectual Property: International and European Perspectives

Intangible Cultural Heritage, Sustainable Development and Intellectual Property: International and European Perspectives

Author: Benedetta Ubertazzi
Publisher: Springer International
ISBN: 9783031081033
Published In: August 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Chapter 1: Introduction

Chapter 2: Intangible Cultural Heritage

2.1 The Definition and Practice of Intangible Cultural Heritage

2.2 Safeguarding

2.3 The Subjective Component of Intangible Cultural Heritage: Communities,Groups and Individuals

2.4 The Objective and Spatial Components of Intangible Cultural Heritage

Chapter 3: Sustainable Development and Intangible Cultural Heritage

3.1 The Definition and Practice of Sustainable Development in the context of Intangible Cultural Heritage

3.2 Inclusive Social Development: Participation and Inclusive Governance

3.3 Environmental sustainability

3.4 Inclusive Economic Development and Commercialisation

3.5 Peace and Security

3.6 Covid-19: A case study4:

Chapter 4: Intellectual Property Rights and Intangible Cultural Heritage

4.1 Intangible Cultural Heritage, Intellectual Property Rights and Territorial Enforcement

4.2 Copyright and Neighbouring Rights

4.3 Patents, Industrial Designs

4.4 Know-how, Trade Secrets, Databases and Contracts

4.5 Individual, Collective, Certification Trade Marks

4.6 Geographical Indications, Protected Designation of Origin, Traditional Speciality Guaranteed

4.7 The Limitations of Intellectual Property Rights as Safeguarding Mechanisms for Intangible Cultural Heritage

4.8 Sui Generis Intellectual Property Rights and the Relationship between Propertyand Heritage

4.9 Intellectual Property Rights May Be Capable of Safeguarding Intangible Cultural Heritage

5: Intellectual property rights on UNESCO intangible cultural heritage

5.1 Intellectual Property Rights and the Convention

5.2 Copyright: Dikopelo folk music of Bakgatla ba Kgafela in Kgatleng District (Botswana)

5.3 Copyright and certification trademark: Indonesian Batik

5.4 Patents, Trade Marks, Contractual Clauses and Non-Disclosure Agreements: Craftsmanship of mechanical watchmaking and art mechanics (France and Switzerland)

5.5 Collective trademarks: Traditional violin craftsmanship in Cremona (Italy)

5.6 Individual trademark: 'Mediterranean Diet" (Italy)

5.7 Geographical Indications, Protected Designation of Origin, TraditionalSpeciality Guaranteed: Traditional agricultural practice of cultivating the 'vite adalberello' (head-trained bush vines) of the community of Pantelleria (Italy)

5.8 Intellectual property rights on intangible cultural heritage shall respect the spirit of the Convention

Chapter 6: The Relationship between Intangible Cultural Heritage, Sustainable Development and Intellectual Property Rights

6.1 Social Sustainable Development: Inclusive Multilevel Governance Systems ofCollective Intellectual Property Rights engaging and empowering Communities

6.2 Environmental Sustainable Development: Community-based Resilience; Environmental Impacts, Knowledge and Practices Regarding Nature and the Universe; Resilience toNatural Disasters and Climate Change and Intellectual Property Rights

6.3 Economic Sustainable Development: Intellectual Property Rights protecting Intangible Cultural Heritage against Commercialisation Risks6.4 Consolidation of Litigation for Cross-border Enforcement of Intellectual Property Rights on Intangible Cultural Heritage