Protection of Intangible Cultural Heritage : A study on the present state of protection of intangible cultural heritage through the work of UNESCO and WIPO

Abstract

This study seeks to discover the present state of protection given to intangible cultural heritageand traditional knowledge. By looking at the past and present work UNESCO and WIPO, and other related works, the research showcase the process of rising intangible cultural heritage up on the international legislative agenda alongside tangible aspects. Furthermore, the study takesa close look on international legal instruments concerned with both safeguarding and preservation, and with questions concerned with intellectual property. By comparing different legal texts, terminologiesand definitions the research uncoversboth differences and similarities between the works of UNESCO and WIPO. The study presents thesituation of protection ofintangible and traditionalheritage within the scope of the intellectual property systemand concludes that while some aspects and manifestations may be protected, the totality is lacking. However, in case of safeguarding the 2003 Convention for the Safeguarding of the Intangible Cultural Heritageprovides a basis that has had a broad appeal throughout the world.