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Frankel, Susy --- "The creative sector and traditional knowledge" [2018] ELECD 193; in Brown, E.L. Abbe; Waelde, Charlotte (eds), "Research Handbook on Intellectual Property and Creative Industries" (Edward Elgar Publishing, 2018) 230

Book Title: Research Handbook on Intellectual Property and Creative Industries

Editor(s): Brown, E.L. Abbe; Waelde, Charlotte

Publisher: Edward Elgar Publishing

ISBN: 9781786431165

Section: Chapter 19

Section Title: The creative sector and traditional knowledge

Author(s): Frankel, Susy

Number of pages: 11

Abstract/Description:

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.