scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

Author(s):  
José Ángel Perea-Balbuena ◽  
Víctor Josaphat Carrasco-Romero ◽  
María de los Dolores Zamora-Fernandez

Eating is a biological act and cooking, a cultural act; the gastronomy in Mexico, for the culinary variety is the third in the world. The cuisine is made up of indigenous, spanish and asian elements, making it one of the most representative of the country, which consolidates its legitimate pride of identity. A good part of tourism moves, to a large extent, in search of gastronomic delights, find these in the typical markets of a province, a place or a good inn; allowing to interact with the popular gastronomic identity. The objective is to create a certification for the traditional professional cook of the markets of the city of Puebla in order to have the knowledge and technical tools to offer food with the best possible quality, thus allowing to generate an identity of gastronomic culture. In order to substantiate this certification, a study was carried out in the markets of the city having generated results that allowed the realization of the first training courses, which shall lay down the basis for the relevant certification. The kitchens in Puebla, have been laboratories of the food culture, the traditional professional cook, possess a culinary knowledge that contribute to the intangible cultural heritage, for this reason it is necessary that they possess a certification that gives them certainty of value in the activities that they carry out to frame in food identity.


2008 ◽  
Vol 5 (4) ◽  
Author(s):  
Tang Chun ◽  
Zhu Xuezhong

AbstractIntellectual property right (IPR) protection for biomedicines is vitally important in China as China is now one of the largest biomedicine manufacturing countries in the world. This paper discusses the main IPR protection system of biomedicines in China which is composed of a patent system, a new medicine monitor system and a new medicine administrative protection system. We also point out that the trend of the development of the IPR system in China is to gradually reduce the administrative protection of biomedicines and to enhance reforms of international patent protection.


2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke

Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.


2020 ◽  
Vol 2 (01) ◽  
pp. 1-16
Author(s):  
Adi Tiaraputri ◽  
Ledy Diana

Pacu jalur merupakan salah satu tradisi dari Kabupaten Kuantan Singingi Provinsi Riau. Pacu jalur juga termasuk dalam ruang lingkup kebudayaan. Untuk ada kelestarian kebudayaan tentunya harus ada perlindungan terhadap kebudyaan tersebut. Tulisan ini mengkali terkat konsep perlindungan yang dapat diberikan pada tradisi pacu jalur. Metode penelitian dalam tulisan ini melalui pendekatan yuridis normatif.  Dalam tulisan ini mengkaji konsep perlindungan untuk pacu jalur dapat melalui perlindungan warisan budaya tak benda dan kekayaan intelektual komunal. Pacu Jalur is one of the traditions of Kuantan Singingi Regency, Riau Province. Pacu jalur is also included in the scope of culture. For there to be preservation of culture, of course, there must be protection of that culture. This paper examines the concept of protection that can be given to the tradition of racing lanes. The research method in this paper is through a normative juridical approach. In this paper, we examine the concept of protection for the runway through the protection of intangible cultural heritage and communal intellectual property.


2011 ◽  
Vol 2 (4) ◽  
pp. 45
Author(s):  
Fathi Saleh

<p>In Egypt, the Center for Documentation of Cultural and Natural Heritage (CULTNAT) is treating cultural heritage in a holistic approach whether regarding the diversity of themes of cultural heritage or in the case of museums, the presence of objects in the different museums both within the country or abroad (a sort of global virtual museum). The establishment of CULTNAT marks a unique experience in the application of the latest innovations in the world of telecommunications and information technology towards heritage issues. CULTNAT’s main mandate is to document the various aspects of Egypt's tangible and intangible cultural heritage as well as its natural heritage.</p>


2021 ◽  
Vol 33 (2) ◽  
pp. 191-200
Author(s):  
Justyna Łukaszewska‑Haberkowa

In the first part of this paper the definition of the protection of intangible cul­tural heritage is introduced, based on the 2003 UNESCO Convention as well as the Polish legislation concerning the protection of items on the national list of intangible culture. The second part shortly characterizes the Krakow bob­bin lace tradition along with its guardians, both present and past. In the third part it is systematically described what is being done to protect the tradition and craft in the Podgórze Culture Center thanks to the initiatives undertaken by certain guardians, and in the Historical Museum of the City of Krakow.


2020 ◽  
Vol 9 (1-3) ◽  
pp. 118-164 ◽  
Author(s):  
Michael Dylan Foster

Abstract This paper explores Namahage of Akita Prefecture as it assumes three different instantiations: 1) enactment as a private ritual within individual households on New Year’s Eve; 2) performance as a public festival at a shrine in mid-February; and 3) celebration as an “element” inscribed on UNESCO’s Representative List of the Intangible Cultural Heritage of Humanity. I argue that in the first instance, Namahage is part of a vernacular religious “structure of feeling” in which religious elements are inseparable from community life; in the second instantiation, religion is more explicit and codified; and in the third iteration, religion is only vaguely articulated. Tracing the “same” tradition through different forms provides insight into the changing needs of communities and into the dynamics of change itself. With this in mind, I propose a model called hrönirism through which to broadly conceptualize notions of change and difference within traditions such as matsuri.


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