Intangible Cultural Heritage and Comparative Law. Towards a Global Legal Protection of the Intangible Cultural Heritage

2019 ◽  
pp. 231-263
Author(s):  
Pier Luigi Petrillo
Keyword(s):  
Cultural Heritage ◽  
Legal Protection ◽  
Comparative Law ◽  
Intangible Cultural Heritage

Changing Climate, Changing Culture: Adding the Climate Change Dimension to the Protection of Intangible Cultural Heritage

2011 ◽  
Vol 18 (3) ◽  
pp. 259-290 ◽  
Author(s):  
Hee-Eun Kim
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Cultural Heritage ◽  
Indigenous People ◽  
Legal Protection ◽  
Intangible Cultural Heritage ◽  
Law And Policy ◽  
Adaptive Models ◽  
To Come ◽  
Legal Frameworks

AbstractThis article explores the interplay between climate change and cultural heritage, in particular the intangible aspects of cultural heritage, in international legal frameworks, either existing or under development. The prime focus of the current climate change regime of the United Nations Framework Convention on Climate Change (UNFCCC) is the reduction of greenhouse gas emissions, leaving certain aspects of cultural heritage rather on the sidelines of debate and policy. However, where climate change combines with generally weak law and policy for culture and traditions, countries vulnerable to climate change may face significant cultural loss in the years to come.In its inventory of present and contemplated legal protection options, this article draws particular attention to policymaking directed at shaping a “rights-based” system in the form of sui generis rights, to complement any existing intellectual property-based protection. If adequately motivated, indigenous people have a key role to play not only in observing change, but also in developing adaptive models to cope.

The Legal Protection of Intangible Cultural Heritage in Italy

2019 ◽  
pp. 187-227
Author(s):  
Pier Luigi Petrillo ◽  
Tullio Scovazzi ◽  
Benedetta Ubertazzi
Keyword(s):  
Cultural Heritage ◽  
Legal Protection ◽  
Intangible Cultural Heritage

scholarly journals The Protection of Indonesian Indigenous Heritage in the International Conventions and Their Implication toward Indonesian Law

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Irma Rachmawati Maruf
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Legal Protection ◽  
Field Research ◽  
Analytical Description ◽  
Property Right ◽  
Intellectual Property Right ◽  
Intangible Cultural Heritage ◽  
International Convention ◽  
Indigenous Heritage

 As an archipelago,  Indonesia consists of 17.507 islands. The regions of Indonesia have some of their indigenous ethnic groups.  However, in the light of the geographical aspect, Indonesia has 128 ethnics groups which have different cultures. Meanwhile, since the end of 1990s, the topic of genetic resources, traditional knowledge and Indigenous heritage ambit of Intellectual property discussions.  Batik and Angklung  are Indonesian Indigenous heritage which have been acknowledged by UNESCO as Intangible Cultural Heritage. One of the purposes of the acknowledgment is  to avoid  any claim from another country which has the same culture. Besides batik and angklung, there are so many indigenous heritages that  have not been acknowledged as Intangible Cultural Heritage. Due to this condition, the research is made to know what the protection should be given by law to Indigenous heritage in international law perspective. There is also how the implementation of International convention to Indonesian law can protect and maintain the cultural heritage.The method used in this study is a juridical normative with the specifications of analytical description. The research was conducted by collecting primary, secondary and tertiary legal materials through library and field research, and then analyzed with qualitative method.Based on the results of this study, it is revealed that: Firstly, the legal basis of the application of the Implementation of Protection of Indonesian Indigenous heritage have been already very relevant but still insufficient in implementation. Hence, it is not impossible that   Indonesian  government can take  economic advantages of Indigenous Heritage.  Secondly, there are various forms  of Legal protection of Indigenous Heritage, these are Law of Intellectual Property Right and Legal Protection besides Intellectual Property.Keyword : Indigenous Heritage, Intangible Cultural Heritage, Intelectual Property Right Law.

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