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Sui Generis Rights for the Protection of Traditional Cultural Expressions

Author(s): Bizer, Kilian; Lankau, Matthias; Spindler, Gerald; Zimbehl, Philipp

Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387

Volume: 2;
Issue: 2;
Start page: 114;
Date: 2011;
Original page

Keywords: Sui generis | traditional cultural expressions | policy | private ordering | law and economics

Within the international communitythere have been many calls for better protection oftraditional cultural expressions (TCEs), for which clas-sic instruments of intellectual property rights do notseem to fit. In response, at least five model laws havebeen advanced within the last 40 years. These are re-ferred to as sui generis because, though they gener-ally belong to the realm of intellectual property theystructurally depart from classic copyright law to ac-commodate the needs of the holders of TCEs. Thepurpose of this paper is to provide a well-foundedbasis for national policy makers who wish to imple-ment protection for TCEs within their country. This isachieved by systematically comparing and evaluatingeconomic effects that can be expected to result fromthese regulatory alternatives and a related system orprivate ordering. Specifically, we compare if and howprotection preferences of local communities are metas well as the social costs that are likely to arise fromthe different model laws

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