The Legal Character and Culturally Appropriate Practices of Traditional Indigenous Intellectual Creations— Suggestions for the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples

 

Title
The Legal Character and Culturally Appropriate Practices of Traditional Indigenous Intellectual Creations— Suggestions for the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples
Author
Meng-Ling Lin
Keywords
The Protection Act for the Traditional Intellectual Creations
of Indigenous Peoples, Indigenous Traditional Intellectual
Creation Exclusive Right, Traditional Intellectual Creation
Economic Right, Traditional Intellectual Creation Moral
Right, Culturally Appropriate Practice of the Traditional Intellectual
Creations
Abstract
The enactment of the Protection Act for the Traditional Intellectual Creations
of Indigenous Peoples makes great contributions to the development and protection
of indigenous traditional intellectual creations by adopting indigenous legal concepts
suitable to tribal culture. For example, it recognizes collective rights to indigenous
creations. Also, it recognizes that the period for legal protection of indigenous
traditional intellectual creations as an exclusive right is permanent. However,
concepts of traditional intellectual creation, economic right, moral right, and
remedies in this act still derive from Copyright Law, and remain inadequate for
proper adoption of indigenous tribal common law. Also, the Act does not refer to nor adopt culturally appropriate practices of traditional intellectual creations, which
is very important to indigenous peoples in order to prevent cultural appropriation,
but also to foster respect between cultures. This article thus gives some examples to
elaborate these significant concepts, including indigenous traditional intellectual
creation exclusive rights, traditional intellectual creation economic right and moral
rights, culturally appropriate practices regarding indigenous traditional intellectual
creations, and culturally appropriate remedies when traditional intellectual creation
exclusive rights are infringed. These suggestions should help to better protect and
promote indigenous traditional intellectual creations and cultures in appropriate
fashion.
Abstract Article

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