Traditional Cultural Expressions (TCEs), Holder Communities and Conflicts with Central States: Policies for the Recognition of Intangible Cultural Heritage (ICH) and Intellectual Property (IP) Regulation

Abstract

The paper will focus on the policies aimed at recognizing and protecting the ICH and TCE’s endorsed by some international organizations, such as in particular UNESCO and WIPO. Hence, criticalities emerging from the relations between the international organizations and the central authorities of the States will be analysed. The central States are the signatories of the international conventions. In addition, both the State or the regional authorities can be identified by the same conventions as partners to the international organizations promoting the cited policies. However, when the holder communities of TCEs are in conflict with the State or regional authorities in whose territory the communities are located, there is a risk to compromise or limit the effectiveness of these policies, with damage to “moral” and economic interests of the community. Likewise, some critical matters related to policies based on the use of IPRs and sui generis protection rights, will be discussed, with specific regard to the difficulties in the identification of an owner as well as a work of authorship in a traditional context.