Something Old, Something Borrowed, Something Digital: Existing Legal Protection of Indigenous Intangible Cultural Heritage : Intellectual Property, Unfair Competition, and Digital Documentation

Abstract

Intangible cultural heritage of the indigenous people poses unique challenges to the current intellectual property law. This thesis examines several existing means of legal protection for intangible cultural heritage of the indigenous people, including intellectual property law, unfair competition law and digital rights management. It argues that, firstly, intellectual property law can be effectively applied to grant protection to some forms of intangible cultural heritage. Secondly, for those types of indigenous works where intellectual property proves inadequate, for example when indigenous legends—which often do not have any known author—are appropriated by book authors, unfair competition law may be used to fill the gaps. Finally, this thesis looks at digital recording and digital rights management of intangible cultural heritage through the use of which further legal remedies may be possible.