Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies

International Trade in Indigenous and Cultural Heritage, 2013

31 Pages Posted: 16 Jun 2015

See all articles by Christoph Antons

Christoph Antons

Macquarie University - Macquarie Law School (Sydney, Australia)

Date Written: June 11, 2015

Abstract

The developments at international level in the debate on what intellectual property (IP) lawyers refer to as traditional cultural expressions (TCEs) have to be seen in the context of the decolonisation movements after the Second World War. Post-war developments saw the formation of the United Nations (UN) and the emphasis on human rights in the UN Charter. With this emphasis came development programmes for indigenous peoples and the recognition of indigenous rights in the ILO Convention No. 107 of the 1957 Concerning the Protection and Intergration of Indigenous and Other Tribal and Semi-Tribal Populations in the Independant Countries. The decolonisation movements also initiated or renewed a parallel debate about the repatriation of items of cultural heritage. There was a remarkable shift in this discussion from 'cultural heritage of mankind' to cultural particularism and an emphasis on 'cultural property'.

Keywords: intellectual property, christoph antons, antons

Suggested Citation

Antons, Christoph, Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies (June 11, 2015). International Trade in Indigenous and Cultural Heritage, 2013, Available at SSRN: https://ssrn.com/abstract=2617516

Christoph Antons (Contact Author)

Macquarie University - Macquarie Law School (Sydney, Australia) ( email )

North Ryde
Sydney, New South Wales 2109
Australia

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