Indigenous Cultural Heritage and Intellectual Property Rights Learni

Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This

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Indigenous Cultural Heritage and Intellectual Property Rights Learning from the New Zealand Experience?

Indigenous Cultural Heritage and Intellectual Property Rights

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Jessica Christine Lai

Indigenous Cultural Heritage and Intellectual Property Rights Learning from the New Zealand Experience?

Jessica Christine Lai Faculty of Law University of Lucerne Lucerne Switzerland

ISBN 978-3-319-02954-2 ISBN 978-3-319-02955-9 (eBook) DOI 10.1007/978-3-319-02955-9 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2013957704 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Foreword

It is a pleasure to write a foreword for this book which makes a significant contribution to the literature about the interaction of cultural heritage, its manifestation as traditional knowledge and the nexus with intellectual property rights. This is an area of emerging importance in international law, including international intellectual property, international trade law, indigenous peoples’ rights and human rights. This is a tough topic, which is politically charged. The author of this work is careful to acknowledge the contribution her work makes is that of a legal analysis,