The Protection of Intangible Cultural Assets by Trade secrets and Unfair Competition law
Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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The Protection of Intangible Cultural Assets by Trade secrets and Unfair Competition law. / Rajam, Neethu; Schovsbo, Jens Hemmingsen.
Intellectual Property and Cultural Heritage. red. / Irini Stamatoudi. Edward Elgar Publishing, 2022. s. 113–130.Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - The Protection of Intangible Cultural Assets by Trade secrets and Unfair Competition law
AU - Rajam, Neethu
AU - Schovsbo, Jens Hemmingsen
PY - 2022
Y1 - 2022
N2 - Every society offers to protect and preserve diverse narratives that form the foundation of its cultural identity. Secrecy is an age-old tool for protecting traditional knowledge and cultural practices. However, the transformation of knowledge within technological frontiers has led to examining the effectiveness of secrecy as a tool to protect cultural knowledge. The divergence between the system of secrecy practised by Indigenous communities and the legal system of undisclosed information and trade secret laws protected through unfair competition seeks a deeper understanding of the triadic relationship between cultural rights, secrecy and competition laws. Unfair competition law offers practical solution to the needs of Indigenous communities by preventing misappropriation and imitation of cultural heritage-based products. However, unfair competition law, being primarily focused on market regulation, has limited implications for cultural innovations that have less value transformation. Transcending these realities, trade secrecy and unfair competition law may have a potential role in safeguarding cultural innovation.
AB - Every society offers to protect and preserve diverse narratives that form the foundation of its cultural identity. Secrecy is an age-old tool for protecting traditional knowledge and cultural practices. However, the transformation of knowledge within technological frontiers has led to examining the effectiveness of secrecy as a tool to protect cultural knowledge. The divergence between the system of secrecy practised by Indigenous communities and the legal system of undisclosed information and trade secret laws protected through unfair competition seeks a deeper understanding of the triadic relationship between cultural rights, secrecy and competition laws. Unfair competition law offers practical solution to the needs of Indigenous communities by preventing misappropriation and imitation of cultural heritage-based products. However, unfair competition law, being primarily focused on market regulation, has limited implications for cultural innovations that have less value transformation. Transcending these realities, trade secrecy and unfair competition law may have a potential role in safeguarding cultural innovation.
U2 - 10.4337/9781800376915.00013
DO - 10.4337/9781800376915.00013
M3 - Book chapter
SN - 9781800376908
SP - 113
EP - 130
BT - Intellectual Property and Cultural Heritage
A2 - Stamatoudi, Irini
PB - Edward Elgar Publishing
ER -
ID: 260038380