Struggles over resources are not new for indigenous peoples. One of the latest
arenas for recognition of their rights regards their intangibles, such as the
protection of their traditional cultural expressions (TCEs). Most attention for protection
from unauthorised use has occurred in the sphere of intellectual property law,
notably copyright law. However, both protection arguments and context indicate
wider implications of the issue, which include preservation of cultural heritage and
exercise and enjoyment of human rights such as the rights to self-determination
and participation in cultural life.
This book breaks new ground by pursuing a transdisciplinary approach in support of the argument that the protection of TCEs cannot be viewed as an isolated issue of intellectual property. In addition to copyright law, the extensive analysis also includes the legal frameworks of cultural heritage and human rights law in
order to uncover shared central values to guide efforts and approaches to TCE
protection in going forward. Operationalisation of the shared central values can
guide the process of moving towards a more comprehensive perspective of the
protection of TCEs. Hence, the main aim of the book is to demonstrate the strength
of looking across the boundaries of legal domains and mandates and to argue
the necessity of pursuing a diverse legal and policy response.
With its novel approach and thorough analysis, covering three legal frameworks
not usually connected in such an integrated way, the book offers a significant
contribution to the field of protection of traditional knowledge and cultural
expressions. It is highly relevant for interest groups, scholars, students and professionals in the areas of (international) intellectual property law, cultural heritage
and human rights, with a specific focus on cultural rights, the rights of indigenous
peoples and heritage.
About the author
J.M. (Kelly) Breemen is a researcher in information law, cultural heritage
and human rights. She graduated in information law from the University of
Amsterdam's Institute for Information Law (Research Master, cum laude, 2012).
In 2018, she successfully defended her PhD at the same university and Institute.
She was awarded the Witteveen Memorial Fellowship in Law & Humanities
from Tilburg University in 2018 to further develop her research with a project on
indigenous heritage in digital libraries, intellectual property and human rights.