The relevance for sustainable development of the protection of intellectual property rights in traditional cultural expressions

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Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

This research work addresses the problem being faced by developing countries in the commercial exploitation of their traditional cultural expressions (TCEs) by third parties without giving due attribution to nor sharing benefits with the communities from which these TCEs originate. This problem stems from the inability of customary law systems which regulates life in such communities to adequately cater for the protection of these TCEs. The legal systems of the developing countries have also proven to be ineffective in the protection of TCEs from such misappropriation and unauthorized commercial exploitation. This mini-thesis examines how TCEs have been protected domestically through national legislation and internationally through treaties and proposes means by which they can be protected in a manner that would preserve them, while promoting the dissemination of those which can be shared without destroying their inherent nature. This mini-thesis thus explores avenues through which the protection of TCEs would contribute to economic and human development in developing countries.

Description

Magister Legum - LLM

Keywords

Intellectual Property, Traditional Knowledge, Traditional Cultural Expressions, Development, Folklore, Public Domain, World Intellectual Property Organization, Copyright, Performeranc's Rights, TRIPS Agreement, Indigenous Art and Culture

Citation