Intellectual Property Protection of Traditional Handicrafts: Practical Foundations and Future Perspectives

Abstract

Traditional handicrafts, a tangible manifestation of traditional culture and a significant cultural legacy, its related intellectual property issues have been controversial in recent years. This paper evaluates several common methods of intellectual property protection that could be adapted to traditional handicrafts and the current state of protection. Then finds that the existing IP system lacks a systematic approach or framework to the protection traditional handicrafts. Although many countries have already experimented with the use of geographical indications for the protection of their national intangible cultural heritage, it is clear that the legitimate and reasonable protection approach of many traditional and indigenous cultural expressions cannot be achieved by means of single type of IP law. By drawing on the shortcomings and dilemmas of previous protection experiences and combining the characteristics of traditional cultural expressions, this paper proposes a fundamental mechanism for the protection of intellectual property rights for traditional handicrafts and a framework for underlying IP law protection.