Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Cultural Heritage Law
Time For A Change - The Kennewick Man Case And Its Implications For The Future Of The Native American Graves Protection And Repatriation Act, Ryan M. Seidemann
Time For A Change - The Kennewick Man Case And Its Implications For The Future Of The Native American Graves Protection And Repatriation Act, Ryan M. Seidemann
West Virginia Law Review
No abstract provided.
Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu
Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu
Faculty Scholarship
Human communities have always generated, refined and passed on knowledge from generation to generation. Such "traditional" knowledge" [sic] is often an important part of their cultural identities. Traditional knowledge has played, and still plays, a vital role in the daily lives of the vast majority of people. Traditional knowledge is essential to the food security and health of millions of people in the developing world. In many countries, traditional medicines provide the only affordable treatment available to poor people. In developing countries, up to 80% of the population depend on traditional medicines to help meet their healthcare needs. In addition, …
Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant placemats. In the United States, people routinely Commercialize Navajo rugs containing both sacred and profane designs with no connection to the Navajo nation. Millions of dollars of Indian crafts imported from Asia are sold in the United States each year. Another example is the taking of sacred Ami chants by the German rock group Enigma for its song Return to Innocence. Can …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu
UIC Law Open Access Faculty Scholarship
No abstract provided.
Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes
Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes
UIC Review of Intellectual Property Law
Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and …