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CPD Course:
Intellectual Property
and Intangible
Cultural Heritage
- Overlaps, Differences
and Confrontations

Presented by
Prof.  Steven Gallagher,
Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

Intellectual Property and Intangible Cultural Heritage - Overlaps, Differences and Confrontations
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Code: EVT000000363 Level: Intermediate
Date: 31 October 2022 (Monday) (Amended) Language: English
Time: 14:30 - 17:45
(Reception starts at 14:00)
Accreditation(s): LSHK 3.0 CPD Points
Venue:
Online via Zoom
Request for Rerun:
Please Contact Us for Details
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Presenter's Profile:
Prof. Steven Gallagher

Steven Gallagher was awarded a first class LL.B.  He was called to the Bar of England and Wales in 2006.  Steven teaches equity and trusts, property law, and a course on art, antiquities, cultural heritage and the law.  In September 2023, Steven began teaching a new course on digital technology and law.  Steven has presented over 200 continuing professional development courses for solicitors in Hong Kong on many topics associated with property.  Steven’s research interests include equity and the law of trusts, cultural heritage law, Chinese custom and law, and legal history.  In 2023, Steven published a textbook on Digital Technology and Law.  He is not a technologist.

Course Outline:

This 3-hour seminar will provide an introduction to the interplay between intellectual property and intangible cultural heritage.  UNESCO’s 2003 Convention for the Safeguarding of the Intangible Cultural Heritage identified intangible cultural heritage as, “the practices, representations, expressions, knowledge, skills… that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.” China, as a party, and Hong Kong, through China, have embraced the ideals of the Convention, in particular the “safeguarding” obligation of membership, which includes “the identification, documentation, research, preservation, protection, promotion, enhancement, transmission… as well as the revitalization of the various aspects of such heritage.” However, included in the identification of the intangible cultural heritage, among much else, may be works of art in any form, the skills of the artist, foods and drinks, and the recipes and manufacturing skills behind these foods and drinks, traditional remedies, cosmetics, and the style, design, pattern and skills used in the making of clothes.  Many of these forms of intangible cultural heritage may also be recognised as forms of intellectual property.  This seminar considers the problems that have arisen when the identification of intangible culture heritage, and attempts to safeguard it under one of the newest international and domestic legal frameworks, threatens intellectual property rights, under a very well established international and domestic framework.

Some of the topics considered in this seminar will be:

  • What is intellectual property?
  • What is intangible cultural heritage?
  • The relationship between IP and ICH;
  • Why is ICH so popular?
  • Why is IP so important?
  • Traditional remedies and medical practices;
  • Indigenous knowledge and big business;
  • World Heritage status for Prosecco, but who cares about Prošek?
  • Works of art as cultural heritage and artists’ rights;
  • Appreciating artists’ work while infringing their rights;
  • Language, sharks’ fins and ivory carving;
  • Cultural appreciation and/or cultural appropriation.

This course is provided by:  Kornerstone Limited
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#
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