Intellectual property as a blind spot in the UNESCO Convention for the safeguarding of the intangible cultural heritage
Résumé
In this article we explore the use of Intellectual Property Rights (IPRs) in
the implementation of the Convention for the Safeguarding of the
Intangible Cultural Heritage. In retracing the ambiguous role accorded
to IPRs since the drafting of the Convention and considering the practice
of the Organs of the Convention, we highlight discrepancies in the decisions
and debates of the Intergovernmental Committee for the
Safeguarding of the Intangible Cultural Heritage vis-à-vis IPRs. Drawing
on our own anthropological and legal perspectives, we shed light on the
fragmentation of different disciplinary standpoints and specialist knowledge
in the practice of the Organs of the Convention, revealing how
observed inconsistencies in the role of IPRs are neither acknowledged
nor addressed. This makes the issue of IPRs a blind spot. Yet, ‘working
misunderstandings’ facilitate rather than hinder successful interaction
among the many players within the Convention, allowing different, and
sometimes contradictory, stances to imperfectly coexist.