Benedetta Ubertazzi

Intangible Cultural Heritage, Sustainable Development and Intellectual Property (eBook, PDF)

International and European Perspectives

• Format: PDF

Produktbeschreibung

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Produktdetails

• Verlag: Springer International Publishing
• Erscheinungstermin: 4. August 2022
• Englisch
• ISBN-13: 9783031081040
• Artikelnr.: 64760591

Autorenporträt

Benedetta Ubertazzi has been a UNESCO Facilitator on the global capacity building programme for the effective implementation of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage and a capacity builder with the International Academy on UNESCO Designations and Sustainable Development since 2018. She is a tenured Aggregate Professor of European Union Law at the University of Milan-Bicocca, a Jean Monnet Module coordinator (2022-2025), a lecturer for the WIPO-Turin Master of Laws in Intellectual Property and an expert in the WIPO Indigenous and Local Community Women Entrepreneurship Program. She has been a Von Humboldt Foundation Fellow (hosted by the Max Planck Institute for Innovation and Competition) since 2010 and she is a member of the International Law Association Committees for Participation in Global Cultural Heritage Governance (appointed by the chairs) and respectively Intellectual Property and Private International Law.

In 2018, she becamea co-evaluator for UNESCO at the Regional Research Centre for Safeguarding Intangible Cultural Heritage in West and Central Asia (UNESCO Category 2 Centre) based in Tehran. She has served as a legal expert for the Italian Ministry of Foreign Affairs and International Cooperation at multinational negotiations of the UNESCO Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage since 2010. She has been a co-facilitator of capacity-building for sustainable development plans for several communities around the world and she is a legal expert for many elements, including Traditional violin craftsmanship in Cremona (UNESCO Representative List 2012); and Falconry, a living human heritage (UNESCO Representative List 20216), among others. She is a member of the steering committees for the inscription of Tocatì, programme for the safeguarding of traditional games and sports and respectively Alpine Food Heritage: Knowledge, knowledge, skills, practices and values of alpine communities (both in the nomination phase for the UNESCO Register of Good Safeguarding Practices). Between 2018–2021, she was a member of the ‘HIPAMS Heritage Sensitive Intellectual Property and Marketing Strategies: India’ project, which was supported and facilitated by the British Library Sustainable Development Programme, Coventry University and communities in West Bengal, India.

Inhaltsangabe

1: Introduction The introduction provides a sharp, concise introduction to the general aims and argument of the book, in addition to setting out the structure through which the book will engage with these aims. 2: Intangible Cultural Heritage Chapter 2 focuses on the first major part of this book, namely ICH. It lays the groundwork for some of the broader theoretical themes that run through the book, namely: defining the nature of ICH, principally through the domains of ICH set out in the UNESCO 2003 Convention; the notion of safeguarding ICH; the role of communities, groups and individuals within the framework of the 2003 Convention and finally the instruments, objects, artefacts and cultural spaces associated with ICH. 2.1 The Definition and Practice of Intangible Cultural Heritage 2.2 Safeguarding 2.3 The Subjective Component of Intangible Cultural Heritage: Communities, Groups and Individuals 2.4 The Objective and Spatial Components of Intangible Cultural Heritage: Instruments, Objects, Artefacts and Cultural Spaces 3: Sustainable Development and Intangible Cultural Heritage Chapter 3 focuses on the second major part of this book, namely sustainable development. Specifically, sustainable development can be of an economic, social and environmental character, inclusive of human rights, facilitative of mutual respect among communities and intended to better safeguard ICH. The Chapter examines how culture and ICH in particular are linked to sustainable development as illustrated in the 2003 UNESCO Convention, its Operational Directives and its Overall Results Framework. The Chapter analyses the role of ICH as a strategic resource to enable inclusive sustainable development and therefore participation and inclusive governance. The chapter also introduces ICH as a relevant tool to enable environmentally sustainable development, as well as inclusive economic development. In addressing inclusive economic development, chapter 3 lays the foundation for subsequent chapters to explore the relationship between ICH and IPRs, intended as a mechanism to foster valorization and promotion of ICH, towards its viability and vitality for the benefit of the communities concerned. Peace and security, as a requirement that is essential for sustainable development, and a key component of UNESCO’s mission, is also addressed in the chapter. Finally, chapter 3 concludes with analysis of the Covid-19 pandemic as a case study on the relationship between ICH and sustainable development, exhibiting the importance of community-based resilience, with indigenous and local communities at the forefront of this process. 3.1 The Definition and Practice of Sustainable Development in the context of Intangible Cultural Heritage 3.2 Inclusive Social Development: Participation and Inclusive Governance 3.3 Environmental sustainability 3.4 Inclusive Economic Development and Commercialisation 3.5 Peace and Security 3.6 Covid-19: A case study 4: Intellectual Property Rights and Intangible Cultural Heritage Chapter 4 focuses on the third major part of this book, namely IPRs. It provides analysis of different IPRs, including sui generis IPRs, and the strengths and weaknesses of such rights as mechanisms capable of safeguarding ICH. The chapter argues that while IPRs can be insufficient to protect ICH, and can even reinforce misappropriation of such heritage, there are circumstances in which IPRs are valuable not only in their capacity to empower indigenous and local communities themselves, but also in their capacity to work alongside other safeguarding mechanisms that can offer different protections. 4.1 Intangible Cultural Heritage, Intellectual Property Rights and Territorial Enforcement 4.2 Copyright and Neighbouring Rights 4.3 Patents, Industrial Designs 4.4 Know-how, Trade Secrets, Databases and Contracts 4.5 Individual, Collective, Certification Trade Marks 4.6 Geographical Indications, Protected Designation of Origin, Traditional Speciality Guaranteed 4.7 The Limitations of Intellectual Property Rights as Safeguarding Mechanisms for Intangible Cultural Heritage 4.8 Sui Generis Intellectual Property Rights and the Relationship between Property and Heritage 4.9 Intellectual Property Rights May Be Capable of Safeguarding Intangible Cultural Heritage 5: Intellectual property rights on UNESCO intangible cultural heritage Chapter 5 analyses the relationship between ICH and IP in practice. It analyses ICH that has been inscribed in the UNESCO Lists under the UNESCO 2003 Convention and in relation to which the relevant nomination files indicate that the interested communities have also adopted IPRs as a safeguarding measure for their ICH. This chapter provides an insight into the different types of IPRs used by ICH-bearing communities to safeguard their traditional practices. The Chapter concludes with a consideration of the relationship between the UNESCO 2003 Convention and IPRs as safeguarding measures for ICH. 5.1 Intellectual Property Rights and the Convention 5.2 Copyright: Dikopelo folk music of Bakgatla ba Kgafela in Kgatleng District (Botswana) 5.3 Copyright and certification trademark: Indonesian Batik 5.4 Patents, Trade Marks, ContractualClauses and Non-Disclosure Agreements: Craftsmanship of mechanical watchmaking and art mechanics (France and Switzerland) 5.5 Collective trademarks: Traditional violin craftsmanship in Cremona (Italy) 5.6 Individual trademark: ‘Mediterranean Diet” (Italy) 5.7 Geographical Indications, Protected Designation of Origin, Traditional Speciality Guaranteed: Traditional agricultural practice of cultivating the ‘vite ad alberello’ (head-trained bush vines) of the community of Pantelleria (Italy) 5.8 Intellectual property rights on intangible cultural heritage shall respect the spirit of the Convention 6: The Relationship between Intangible Cultural Heritage, Sustainable Development and Intellectual Property Rights Chapter 6 brings the relationship between ICH, sustainable development and IPRs to the fore. It provides an analysis of the challenges and opportunities of using IPRs to achieve social, environmental and economic sustainable development aims for ICH safeguarding that are articulated by the 2003 UNESCO Convention. This chapter also addresses the enforcement of IPRs on ICH and concludes with an analysis of the challenges of the cross-border enforcement of IPRs by the interested communities. 6.1 Social Sustainable Development: Inclusive Multilevel Governance Systems of Collective Intellectual Property Rights engaging and empowering Communities 6.2 Environmental Sustainable Development: Community-based Resilience; Environmental Impacts, Knowledge and Practices Regarding Nature and the Universe; Resilience to Natural Disasters and Climate Change and Intellectual Property Rights 6.3 Economic Sustainable Development: Intellectual Property Rights protecting Intangible Cultural Heritage against Commercialisation Risks 6.4 Consolidation of Litigation for Cross-border Enforcement of Intellectual Property Rights on Intangible Cultural Heritage

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1: IntroductionThe introduction provides a sharp, concise introduction to the general aims andargument of the book, in addition to setting out the structure through which thebook will engage with these aims.2: Intangible Cultural HeritageChapter 2 focuses on the first major part of this book, namely ICH. It lays thegroundwork for some of the broader theoretical themes that run through the book,namely: defining the nature of ICH, principally through the domains of ICH setout in the UNESCO 2003 Convention; the notion of safeguarding ICH; the role ofcommunities, groups and individuals within the framework of the 2003 Conventionand finally the instruments, objects, artefacts and cultural spaces associated withICH.2.1 The Definition and Practice of Intangible Cultural Heritage2.2 Safeguarding2.3 The Subjective Component of Intangible Cultural Heritage: Communities,Groups and Individuals2.4 The Objective and Spatial Components of Intangible Cultural Heritage:Instruments, Objects, Artefacts and Cultural Spaces3: Sustainable Development and Intangible Cultural HeritageChapter 3 focuses on the second major part of this book, namely sustainabledevelopment. Specifically, sustainable development can be of an economic, socialand environmental character, inclusive of human rights, facilitative of mutualrespect among communities and intended to better safeguard ICH. The Chapterexamines how culture and ICH in particular are linked to sustainable developmentas illustrated in the 2003 UNESCO Convention, its Operational Directives and itsOverall Results Framework. The Chapter analyses the role of ICH as a strategicresource to enable inclusive sustainable development and therefore participationand inclusive governance. The chapter also introduces ICH as a relevant tool toenable environmentally sustainable development, as well as inclusive economicdevelopment. In addressing inclusive economic development, chapter 3 laysthe foundation for subsequent chapters to explore the relationship between ICHand IPRs, intended as a mechanism to foster valorization and promotion of ICH,towards its viability and vitality for the benefit of the communities concerned. Peaceand security, as a requirement that is essential for sustainable development, anda key component of UNESCO's mission, is also addressed in the chapter. Finally,chapter 3 concludes with analysis of the Covid-19 pandemic as a case study on therelationship between ICH and sustainable development, exhibiting the importanceof community-based resilience, with indigenous and local communities at theforefront of this process.3.1 The Definition and Practice of Sustainable Development in the context ofIntangible Cultural Heritage3.2 Inclusive Social Development: Participation and Inclusive Governance3.3 Environmental sustainability3.4 Inclusive Economic Development and Commercialisation3.5 Peace and Security3.6 Covid-19: A case study4: Intellectual Property Rights and Intangible Cultural HeritageChapter 4 focuses on the third major part of this book, namely IPRs. It providesanalysis of different IPRs, including sui generis IPRs, and the strengths andweaknesses of such rights as mechanisms capable of safeguarding ICH. Thechapter argues that while IPRs can be insufficient to protect ICH, and can evenreinforce misappropriation of such heritage, there are circumstances in whichIPRs are valuable not only in their capacity to empower indigenous and localcommunities themselves, but also in their capacity to work alongside othersafeguarding mechanisms that can offer different protections.4.1 Intangible Cultural Heritage, Intellectual Property Rights and TerritorialEnforcement4.2 Copyright and Neighbouring Rights4.3 Patents, Industrial Designs4.4 Know-how, Trade Secrets, Databases and Contracts4.5 Individual, Collective, Certification Trade Marks4.6 Geographical Indications, Protected Designation of Origin, TraditionalSpeciality Guaranteed4.7 The Limitations of Intellectual Property Rights as Safeguarding Mechanisms forIntangible Cultural Heritage4.8 Sui Generis Intellectual Property Rights and the Relationship between Propertyand Heritage4.9 Intellectual Property Rights May Be Capable of Safeguarding IntangibleCultural Heritage5: Intellectual property rights on UNESCO intangible cultural heritageChapter 5 analyses the relationship between ICH and IP in practice. It analysesICH that has been inscribed in the UNESCO Lists under the UNESCO 2003Convention and in relation to which the relevant nomination files indicate that theinterested communities have also adopted IPRs as a safeguarding measure fortheir ICH. This chapter provides an insight into the different types of IPRs usedby ICH-bearing communities to safeguard their traditional practices. The Chapterconcludes with a consideration of the relationship between the UNESCO 2003Convention and IPRs as safeguarding measures for ICH.5.1 Intellectual Property Rights and the Convention5.2 Copyright: Dikopelo folk music of Bakgatla ba Kgafela in Kgatleng District(Botswana)5.3 Copyright and certification trademark: Indonesian Batik5.4 Patents, Trade Marks, ContractualClauses and Non-Disclosure Agreements:Craftsmanship of mechanical watchmaking and art mechanics (France andSwitzerland)5.5 Collective trademarks: Traditional violin craftsmanship in Cremona (Italy)5.6 Individual trademark: 'Mediterranean Diet" (Italy)5.7 Geographical Indications, Protected Designation of Origin, TraditionalSpeciality Guaranteed: Traditional agricultural practice of cultivating the 'vite adalberello' (head-trained bush vines) of the community of Pantelleria (Italy)5.8 Intellectual property rights on intangible cultural heritage shall respect the spiritof the Convention6: The Relationship between Intangible Cultural Heritage, SustainableDevelopment and Intellectual Property RightsChapter 6 brings the relationship between ICH, sustainable development and IPRsto the fore. It provides an analysis of the challenges and opportunities of usingIPRs to achieve social, environmental and economic sustainable developmentaims for ICH safeguarding that are articulated by the 2003 UNESCO Convention.This chapter also addresses the enforcement of IPRs on ICH and concludes withan analysis of the challenges of the cross-border enforcement of IPRs by theinterested communities.6.1 Social Sustainable Development: Inclusive Multilevel Governance Systems ofCollective Intellectual Property Rights engaging and empowering Communities6.2 Environmental Sustainable Development: Community-based Resilience;Environmental Impacts, Knowledge and Practices Regarding Nature and theUniverse; Resilience toNatural Disasters and Climate Change and Intellectual Property Rights6.3 Economic Sustainable Development: Intellectual Property Rights protectingIntangible Cultural Heritage against Commercialisation Risks6.4 Consolidation of Litigation for Cross-border Enforcement of Intellectual PropertyRights on Intangible Cultural Heritage