"Preface" [2008] ELECD 321; in Graber, Beat Christoph; Burri-Nenova, Mira (eds), "Intellectual Property and Traditional Cultural Expressions in a Digital Environment" (Edward Elgar Publishing, 2008)

Book Title: Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Editor(s): Graber, Beat Christoph; Burri-Nenova, Mira

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209214

Section Title: Preface

Number of pages: 4

Extract:

Preface
Christoph Beat Graber and Mira Burri-Nenova
Traditional cultural expressions (TCE; also referred to as "expressions of folk-
lore") form an essential part of indigenous communities' identity and heritage,
and their protection and promotion are closely linked to sustaining and further-
ing cultural diversity. The discussions regarding the protection of knowledge
and creativity of indigenous communities have gained particular prominence
during the last couple of decades, both in academic and policy-making circles.
This enhanced interest is partly a response to diverse negative effects of
economic globalisation upon indigenous communities, and more importantly
to the potential dangers of illicit appropriation and commercialisation of TCE
by globally acting corporate powers. In addition, new technologies, as the epit-
ome of globalisation forces, have often been singled out as a specific peril for
TCE and as an inhibitor of their protection.
Despite the wide acknowledgement of the value of TCE and the need to
safeguard their creative continuity, modern law has not been able to address
the pertinent issues in a comprehensive manner, and the attempts to create
solutions, be they legal or political, have suffered from the fragmentation of
international law in intellectual property, cultural, economic and human rights
regimes. The reasons for this fragmentation and the failure of the international
community to put in place appropriate instruments for protection of TCE are
due not only to collisions between competing regulatory regimes, but also to
collisions between global communication systems (such as the law or the
economy) and local traditions inherent ...