전통문화유산보호와 상표제도

Abstract

Since the end of the 1990's, the topic of Traditional Knowledge, Folklore, Traditional Cultural Expressions or Intangible Cultural Heritage has entered the ambit of intellectual property discussions. As has been examined in this report, trade marks can provide both positive and defensive protection for Traditional and Cultural Heritage. There is no need for the creation of a new sui generis Intellectual Property or Intellectual Property related system, which would take a long time to establish, as trade marks laws can be used as such or with minor adaptations. Traditional and Cultural Heritage holders stress the difficulties they encounter in preventing or controlling the commercial use of their Traditional and Cultural Heritage by third parties and in benefiting from this commercialisation themselves. They also express concerns about the inappropriate and offensive use of their Traditional and Cultural Heritage and wish to be have the possibility to object to any false attribution. In most cases, industries or third parties exploit Traditional and Cultural Heritage without asking for consent and without sharing the benefits of such exploitation with the Traditional and Cultural Heritage holders. Once registered, trade marks can potentially be renewed perpetually. In this respect, the trade mark system can help satisfy many of the concerns and policy objectives of Traditional and Cultural Heritage holders. The registration of Traditional and Cultural Heritage as trade marks may assist in preventing or controlling the unwanted commercial use of Traditional and Cultural Heritage by third parties and increase their commercial benefits, as the addition of a trade mark on a good adds to its value and increases consumer recognition of authentic traditional and cultural goods. When combined with an appropriate marketing strategy, the registration of Traditional and Cultural Heritage as trade marks can assist in the promotion and dissemination of Traditional and Cultural Heritage. Besides, the registration of a trade mark can be helpful in relation to the attribution and authentication of Traditional and Cultural Heritage and help protect Traditional and Cultural businesses from imitations. trade marks can also provide defensive protection against offensive and deceptive uses by taking into account cultural offensiveness in the grounds for refusal to register a trade mark.