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Institutionalization of creativity in traditional societies and in international trade law


Graber, Christoph B (2010). Institutionalization of creativity in traditional societies and in international trade law. i-call Working Paper Series 01, Universität Luzern.

Abstract

Modern legal systems were not developed to deal with the modes of creativity and the meanings behind cultural expressions of traditional societies. The protection of creative expressions and knowledge through intellectual property rights has a commoditizing effect, inconsistent with the customary norms of many traditional societies, such that the propertization is offensive. This paper assesses the concept of creativity, from a modern and traditional perspective, and the effect of globalization on Indigenous peoples’ views on the trade of their cultural heritage. It then analyzes Indigenous creativity in the realm of international trade law and how WTO law could better serve the interests of Indigenous peoples, with respect to their participation in the international trade of certain aspects of their cultural heritage, and discusses how the UN Declaration on the Rights of Indigenous Peoples may affect such trade.

Abstract

Modern legal systems were not developed to deal with the modes of creativity and the meanings behind cultural expressions of traditional societies. The protection of creative expressions and knowledge through intellectual property rights has a commoditizing effect, inconsistent with the customary norms of many traditional societies, such that the propertization is offensive. This paper assesses the concept of creativity, from a modern and traditional perspective, and the effect of globalization on Indigenous peoples’ views on the trade of their cultural heritage. It then analyzes Indigenous creativity in the realm of international trade law and how WTO law could better serve the interests of Indigenous peoples, with respect to their participation in the international trade of certain aspects of their cultural heritage, and discusses how the UN Declaration on the Rights of Indigenous Peoples may affect such trade.

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Additional indexing

Item Type:Working Paper
Communities & Collections:Working Paper Series > i-call Working Paper Series
Dewey Decimal Classification:Unspecified
Language:English
Date:2010
Deposited On:27 Jun 2016 07:17
Last Modified:17 Feb 2018 19:15
Series Name:i-call Working Paper Series
Number of Pages:28
ISSN:1664-0144
OA Status:Green
Related URLs:http://www.rwi.uzh.ch/lehreforschung/alphabetisch/graber/Research/workingpapers.html (Organisation)

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