Intangible Cultural Heritage, Sustainable Development and Intellectual Property: International and European Perspectives

1: IntroductionThe introduction provides a sharp, concise introduction to the general aims andargument of the book, in addition to setting out the structure through which thebook will engage with these aims.2: Intangible Cultural HeritageChapter 2 focuses on the first major part of this book, namely ICH. It lays thegroundwork for some of the broader theoretical themes that run through the book, namely: defining the nature of ICH, principally through the domains of ICH setout in the UNESCO 2003 Convention; the notion of safeguarding ICH; the role ofcommunities, groups and individuals within the framework of the 2003 Conventionand finally the instruments, objects, artefacts and cultural spaces associated withICH.2.1 The Definition and Practice of Intangible Cultural Heritage2.2 Safeguarding2.3 The Subjective Component of Intangible Cultural Heritage: Communities, Groups and Individuals2.4 The Objective and Spatial Components of Intangible Cultural Heritage: Instruments, Objects, Artefacts and Cultural Spaces3: Sustainable Development and Intangible Cultural HeritageChapter 3 focuses on the second major part of this book, namely sustainabledevelopment. Specifically, sustainable development can be of an economic, socialand environmental character, inclusive of human rights, facilitative of mutualrespect among communities and intended to better safeguard ICH. The Chapterexamines how culture and ICH in particular are linked to sustainable developmentas illustrated in the 2003 UNESCO Convention, its Operational Directives and itsOverall Results Framework. The Chapter analyses the role of ICH as a strategicresource to enable inclusive sustainable development and therefore participationand inclusive governance. The chapter also introduces ICH as a relevant tool toenable environmentally sustainable development, as well as inclusive economicdevelopment. In addressing inclusive economic development, chapter 3 laysthe foundation for subsequent chapters to explore the relationship between ICHand IPRs, intended as a mechanism to foster valorization and promotion of ICH, towards its viability and vitality for the benefit of the communities concerned. Peaceand security, as a requirement that is essential for sustainable development, anda key component of UNESCO's mission, is also addressed in the chapter. Finally, chapter 3 concludes with analysis of the Covid-19 pandemic as a case study on therelationship between ICH and sustainable development, exhibiting the importanceof community-based resilience, with indigenous and local communities at theforefront of this process.3.1 The Definition and Practice of Sustainable Development in the context ofIntangible Cultural Heritage3.2 Inclusive Social Development: Participation and Inclusive Governance3.3 Environmental sustainability3.4 Inclusive Economic Development and Commercialisation3.5 Peace and Security3.6 Covid-19: A case study4: Intellectual Property Rights and Intangible Cultural HeritageChapter 4 focuses on the third major part of this book, namely IPRs. It providesanalysis of different IPRs, including sui generis IPRs, and the strengths andweaknesses of such rights as mechanisms capable of safeguarding ICH. Thechapter argues that while IPRs can be insufficient to protect ICH, and can evenreinforce misappropriation of such heritage, there are circumstances in whichIPRs are valuable not only in their capacity to empower indigenous and localc