Intellectual property rights in Indigenous cultural heritage: basic concepts and continuing controversies

This chapter aims at adding an IP perspective to the debate on international trade in indigenous cultural heritage. It will examine the international discussion about the options for legal protection of TCEs and expressions of folklore (EoF) and pay particular attention to the position of developing countries in international negotiations. In accordance with the author's current research, examples will be drawn in particular from Asian developing countries. Because of the crucial role of emerging economies such as China, India or Brazil in international trade talks and their interest in traditional knowledge (TK)protection, it is submitted that the role of developing countries provides an important consideration in addition to the position taken by the countries studied in this volume.