Cultural Heritage and Collective Intellectual Property Rights

Santilli, Juliana

World Bank, Washington, DC

关键词: ACCESS TO GENETIC RESOURCES;    AGRICULTURE;    BENEFIT SHARING;    BIODIVERSITY;    BIOLOGICAL DIVERSITY;   

RP-ID  :  37079

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

The inventive and creative processes ofcommunities are often collective and the use of information,ideas and resources generated on the basis of suchcollective processes are broadly shared. Therefore, theconcept of property rights belonging to one or moreidentifiable individuals is alien and contrary to the valuesand concepts of such societies and its adoption could fostera dissociation of knowledge from the context in which it isproduced and shared. A legal regime for 'collectiveintellectual property rights' would avoid thesedifficulties. The Brazilian Federal Constitution made greatprogress in the protection of cultural heritage byannouncing a modern inclusive and democratic legal concept.The text clearly extends the notion of cultural heritage,appreciates cultural pluralism and demonstrates a spirit ofdemocratization of cultural policies.