Using Intellectual Property Rights to Protect Indigenous Cultures: Critique on the Recent Development in Taiwan
Journal
考古人類學刊
Journal Volume
無
Journal Issue
67
Pages
185-220
Date Issued
2007
Author(s)
林開世
Abstract
After the establishment of the Council of Indigenous Affairs, the indigenous people's movement in Taiwan began to turn its attention to the problem of passing special legislations to advance and consolidate gains and benefits. One of the major developments in recent years was the use of intellectual property rights to protect and promote indigenous cultures. Examining the ”Protection Act for the Traditional Intellectual Creations of Indigenous Peoples” passed by the legislators in 2007, this article points out that even though the Act tries to circumvent limitations of current intellectual property right law, its basic assumptions about the nature of cultural tradition are too idealized and rigid to cope with the complexity of socio-cultural dynamics in Taiwan. The political construction of ethnic classification by various colonial regimes in the past and the flexible tradition of indigenous art and crafts in the present all challenge any attempt to erect hard boundaries among different ethnic cultures. Thus, this article argues that the Protection Act is not just unnecessary but could be detrimental to the vitality and creativity of indigenous cultures in contemporary Taiwan.
SDGs
Type
journal article