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1. Introduction 1. Introduction
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2. Intangible Cultural Heritage in the Intellectual Property Discourse 2. Intangible Cultural Heritage in the Intellectual Property Discourse
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2.1 Definitions 2.1 Definitions
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2.2 TCE and TK 2.2 TCE and TK
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3. Interfacing Cultural Heritage and Intellectual Property Protection 3. Interfacing Cultural Heritage and Intellectual Property Protection
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3.1 Intellectual Property Law 3.1 Intellectual Property Law
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3.2 TK and Patents 3.2 TK and Patents
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3.3 TCE/TK and Trademarks 3.3 TCE/TK and Trademarks
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3.4 TCE and Copyright 3.4 TCE and Copyright
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4. Conclusion 4. Conclusion
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20 Cultural Heritage and Intellectual Property
Get accessMira Burri is a senior lecturer at the Faculty of Law of the University of Lucerne, Switzerland. She teaches international intellectual property, media, internet and trade law. Prior to joining the University of Lucerne, Mira Burri was a senior fellow at the World Trade Institute at the University of Bern, where she led a project on digital technologies and trade governance as part of the Swiss National Centre of Competence in Research (NCCR): Trade Regulation. Mira’s current research interests are in the areas of digital trade, culture, copyright, data protection, and internet governance. She is the principle investigator of the project ‘The Governance of Big Data in Trade Agreements’, sponsored by the Swiss National Science Foundation. She is the author of numerous publications in peer-reviewed journals and editor of a number of book projects, such as Trade Governance in the Digital Age (Cambridge University Press 2012), The Classification of Services in the Digital Economy (Springer 2013) and Big Data and Global Trade Law (Cambridge University Press 2020). Mira consults the European Parliament, UNESCO, the WEF, and others on issues of digital innovation and cultural diversity. Email: mira.burri@unilu.ch
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Published:08 October 2020
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Abstract
This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.
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