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Protection of Intellectual Property Rights for the ICH Practitioners
  • Manage No DI00000638
    Country Republic of Korea
    Author Pilho Park (Attorney-at-Law Park Law Firm PLLC)
    Published Year 2012
    Language English
    Copyright Copyright
    Attach File Preview (ENG)
Description "The Convention for the Safeguarding of the Intangible Cultural Heritage (‘ICH Convention’ or ‘Convention’ hereafter) was adopted in 2003 and subsequently brought into force in 2006. The ICH Convention mandates signatories to use or mobilise various measures to safeguard intangible cultural heritage. Even though the Convention does not succinctly mention the elaborate legal measures for safeguarding intangible cultural heritage, the intellectual property rights to protect intangible cultural heritage and its holders are implied throughout provisions of the Convention. To implement the Convention’s spirit, the Operational Directives clarify legal form as safeguarding measures by stating that: State Parties shall endeavor to ensure, in particular through the application of intellectual property rights, privacy rights and any other appropriate form of legal protection, that the rights of the communities, groups, and individuals that create, bear and transmit their intangible cultural heritage are duly protected…."

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