Intellectual property and intangible cultural heritage in Celtic-derived countries

Blakely, Megan Rae (2018) Intellectual property and intangible cultural heritage in Celtic-derived countries. PhD thesis, University of Glasgow.

Abstract

This dissertation examines the symbiotic relationship between intellectual property (“IP”) law and cultural heritage law, with an emphasis on intangible cultural heritage (“ICH”). These two fields of law have historically operated in relative isolation from each other, but the overlap of subject matter and practical effect of implementation is evident; the actual creative and traditional practices by individuals and communities are the subject matter of both fields. The central thrust of the research is to locate the effects of these two legal fields and to inform policy, research, and legislation when this previously under-considered effect and influence exists. This is accomplished through case studies of ICH and statutory intervention in three countries with diverse ICH: tartan in Scotland; cultural tourism and branding in Ireland, and the Welsh language and eisteddfodau in Wales. These countries were selected as they 1) are geographically proximate, 2) have shared cultural history, 3) are or were recently in a union legal structure with partially devolved governance powers, and 4) are ‘knowledge-based’ economies with strong IP laws. This selection facilitates the dissertation’s original contributions to research, which include highlighting the influence of ICH on IP law and how IP shapes ICH. This interaction challenges the domestic and international differential legal treatment between developed, Global North countries as IP- and knowledge-producing and developing and Global South countries as ICH- and culture-producing. Theoretical patterns emerged from the case studies: namely, first- and second-wave adoption, which is complementary to Hobsbawm and Ranger’s invented traditions; and ‘tangification’, which identifies the process through which ICH becomes IP in a modern legal framework and highlights the risks to ICH integrity as well as the over-extension of IP law. Each of these contributions support the assertion that properly managing risk to and safeguarding ICH, which provides social and economic benefits, can also help to ensure that IP law is functioning in a manner reflecting its jurisprudential underpinnings, facilitating longevity and enforceability of the law.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Keywords: intellectual property, intangible cultural heritage, law, Wales, Scotland, Ireland, United Kingdom, tourism.
• Subjects: K Law > K Law (General); K Law > KD England and Wales; K Law > KD England and Wales > KDC Scotland
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Kretschmer, Professor Martin
• Date of Award: 2018
• Depositing User: Ms MR Blakely
• Unique ID: glathesis:2018-30838
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 09 Oct 2018 07:59
• Last Modified: 05 Dec 2023 12:05
• Thesis DOI: 10.5525/gla.thesis.30838
• URI: https://theses.gla.ac.uk/id/eprint/30838