Research Handbook on Intellectual Property and Creative Industries
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Research Handbook on Intellectual Property and Creative Industries

Edited by Abbe E.L. Brown and Charlotte Waelde

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
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Chapter 19: The creative sector and traditional knowledge

Susy Frankel


This chapter discusses the ways in which the creative sector utilises traditional knowledge. It explains how some of those uses exploit the knowledge without payment to, or even acknowledgement of, the indigenous peoples’ and communities that are the source of the knowledge. In such circumstances, there is a sound normative basis for the protection of traditional knowledge against misappropriation and derogatory uses. The development of international norms to achieve that protection is complex. The chapter concludes with a discussion of how, even without legal norms of protection, cooperative arrangements can be made for the benefit of both the creative sector and traditional knowledge holders. Examples from around the world are given, including in particular the use of m_tauranga M_ori (traditional knowledge) in New Zealand.

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