Abstract

The thesis explored the mutual affinities and fundamental differences between the intellectual property (IP) system and the subject-matter of folklore, and concluded that overall, the conventional IP system does not provide adequate protection. In the absence of international norms, the thesis observed that national provisions alone were insufficient to protect folklore, and that the dependence on national law provisions was challenged by private international law rules
The thesis developed and recommended a three-pronged approach based on how soft law instruments could be implemented in practice, namely: 1. a recommendation on the optimal use of the conventional IP system to protect folklore; 2. guidelines/model provisions on a national system of "domaine public payant", and 3. an authoritative interpretation of Article 10bis of the Paris Convention
On the issue of preservation of folklore, the thesis concluded that cultural heritage legislation rather than the IP system were better suited to achieve this goal

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