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.
Edited by Christoph Beat Graber, Faculty of Law, University of Zurich, Switzerland and Mira Burri-Nenova, Faculty of Law, University of Lucerne, Switzerland
Contents: Preface PART I: LOCAL TRADITIONS AND GLOBAL LAW 1. Lost in Tradition? Reconsidering the History of Folklore and its Legal Protection Since 1800 Monika Dommann 2. Cannibalizing Epistemes: Will Modern Law Protect Traditional Cultural Expressions? Gunther Teubner and Andreas Fischer-Lescano PART II: INTELLECTUAL PROPERTY AND HUMAN RIGHTS 3. The Disneyland of Cultural Rights to Intellectual Property: Anthropological and Philosophical Perspectives Elizabeth Burns Coleman 4. Human Rights, Cultural Property and Intellectual Property: Three Concepts in Search of a Relationship Fiona Macmillan 5. Using Human Rights to Tackle Fragmentation in the Field of Traditional Cultural Expressions: An Institutional Approach Christoph Beat Graber PART III: INTELLECTUAL PROPERTY LAW AND POLICY 6. Legal Protection of Traditional Cultural Expressions: A Policy Perspective Martin A. Girsberger 7. `It's a Small World (After All)': Some Reflections on Intellectual Property and Traditional Cultural Expressions Wend B. Wendland 8. The Lay of the Land: The Geography of Traditional Cultural Expression Johanna Gibson PART 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 10. New Information and Communication Technologies, Traditional Cultural Expressions and Intellectual Property Lawmaking ? A Polemic Comment Herbert Burkert 11. Commercializing Cultural Heritage? Criteria for a Balanced Instrumentalization of Traditional Cultural Expressions for Development in a Globalized Digital Environment Miriam Sahlfeld 12. Traditional Cultural Expressions and their Significance for Development in a Digital Environment: Examples from Australia and Southeast Asia Christoph Antons ANNEX: Excerpts from Documents of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Index