The Legal Protection of Indigenous Souvenir Products
- Autores: Daniel Guttentag
- Localización: Tourism recreation research, ISSN 0250-8281, Vol. 34, Nº. 1, 2009, págs. 23-34
- Idioma: inglés
- Enlaces
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Resumen
The indigenous products that tourists purchase as souvenirs are often actualliy imitations of the original products that are both mass produced and sold by non-indigenous people without authorzation from an indigenous group. This practice entails outsiders appropriating and imitating cultural heritage products in an inauthectic manner. It also limits the economic benefits indigenous groups can gain front products of their culture. This paper explores the possibility of using intellectual property laws to protect the production of such souvenirs for indigenous groups. The paper focuses on three different indigenous groups: the Kunas of Panama, the Aborigines of Australia, and the Atayals of Taiwan, to show that each groups situation is unique and protection efforts icon onsequ ntly msut he adaptable rather than universal. Traditional intellectual propertv to establish legal rights over the production of their products, but unique sw generis laws can be established tache ve this goal. The paper explores numerous underlying questions that must he addressed it protective legislation truly beneficial. Also, the protection of indigenous intellectual property is closely finked to other indigenous rights issues.
