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The Protection of Expressions of Folklore Through the Bill of Rights in South Africa
TLDR
This paper used the Bill of Rights in the Constitution of the Republic of South Africa 1996 and the jurisprudence that has developed in the course of its application to demonstrate that a human rights framework for the protection of expressions of folklore is a viable, or relatively better, framework than protection through existing intellectual property and sui generis regimes.Abstract:
This paper uses the Bill of Rights in the Constitution of the Republic of South Africa 1996 and the jurisprudence that has developed in the course of its application to demonstrate that a human rights framework for the protection of expressions of folklore is a viable, or relatively better, framework than protection through existing intellectual property and sui generis regimes.read more
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DissertationDOI
Stepping outside the box: Traditional knowledge, folklore, indigenous textiles and cultural appropriation---Is there room for folklore protection under intellectual property law?
TL;DR: In this article, the authors argue that not all works of folklore are part of the public domain and that adopting a contrary view may contribute to the appropriation of traditional designs, which may erode the value of the respective culture and may even result in the complete loss of culture.
Journal ArticleDOI
Historical Threads: Intellectual Property Protection of Traditional Textile Designs: The Ghanaian Experience and African Perspectives
TL;DR: In this article, the authors focus on traditional textile design protection in Ghana, establishing the importance and significance of these designs in Ghana's history and culture and why Ghana is determined to protect these designs.
Journal ArticleDOI
Protecting expressions of Folklore within the Right to Culture in Africa
TL;DR: In this paper, the authors explored the protection of expressions of folklore within the right to culture in Africa by considering three issues: increased understanding of culture in national constitutions and the recognition that customary law is a manifestation of the right of culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social, and Cultural Rights as part of the rights of indigenous peoples, marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People, and demonstrated how a human rights regime may assist in overcoming some of the deficiencies in the
Dissertation
The Cultural Divide: traditional cultural expressions and the entertainment industry in developing economies.
TL;DR: In this article, a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of the Science of Law in Law in the Graduate College of the University of Illinois at Urbana-Champaign, 2014.