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Intellectual Property and Traditional Cultural Expression

Intellectual Property and Traditional Cultural Expression

Author: Daphne Zografos
Publisher: Edward Elgar Publishing
ISBN: 9781848444065
Published In: February 2010
Format: Hardback , 264 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights.

Intellectual Property and Traditional Cultural Expressionexamines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other.

In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policy makers in culturally-rich developing countries.

Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, traditional cultural expressions, and development.

1. General Introduction

2. The Protection of Traditional Cultural Expressions with Copyright

3. The Protection of Traditional Cultural Expressions with Trade Marks

4. The Protection of Traditional Cultural Expressions with Certification Marks and Collective Marks

5. Fair Trade Labelling

6. The Protection of Traditional Cultural Expressions with Geographical Indications

7. The Protection of Traditional Cultural Expressions with Passing Off and Laws Against Misrepresentation

8. Summary and Conclusions

Daphne Zografos, Lecturer in Law, University of Reading, UK

‘. . . an exhaustively researched and well-intentioned study.’
– European Intellectual Property Review

‘This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.’
– Peter Drahos, The Australian National University