Traditional Knowledge, Cultural Expression, and the Siren's Call of Property

Authors

Justin Hughes, Benjamin N. Cardozo School of Law

Publication Date

11-2012

Journal

San Diego Law Review

Abstract

Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Volume

49

First Page

1215

Publisher

USD School of Law

Disciplines

Intellectual Property Law | Jurisprudence | Law

Comments

2012 Editor's Symposium

Recommended Citation

Justin Hughes, Traditional Knowledge, Cultural Expression, and the Siren's Call of Property, 49 San Diego L. Rev. 1215 (2012).
https://larc.cardozo.yu.edu/faculty-articles/756