The Role of Intellectual Property in Safeguarding Intangible Cultural Heritage in Museums

The current rate of cultural and technological globalisation has been recognised as an international threat to the cultural diversity of many nations. The insubstantial nature of intangible cultural heritage has made it more vulnerable to the force of globalisation than other aspects of cultural diversity, which could lead to the disappearance of ICH. The pressure applied to world heritage led UNESCO to draft a Convention regarding the safeguarding of ICH in 2003. The preamble of the Convention emphasised the importance of the maintenance and re-creation of intangible cultural heritage, which would thereby help to enrich cultural diversity. This led the International Conference on Museums and Intangible Heritage held in Seoul in August 2012 to commit itself to the safeguarding of intangible cultural heritage in museums. However, such integration of ICH in museum activities raises numerous intellectual property (IP) concerns in relation to the use and ownership of ICH resources. Yet, on the other hand, IP used as a tool to enhance creativity could contribute significantly to museums as cultural institutions involved in the collection, conservation and display of ICH. The present paper seeks to address the sustainability of ICH safeguarding in museums under IP laws. It first reviews the integration of ICH in museums as suggested by the International Conference on Museums and ICH. Second, and as consequence of that point, an examination is made of the related risks of misuse and incompatibility associated with ICH exposure in museums in the field of IP rights. Finally, the paper suggests some effective mechanisms in the field of intellectual property law that could secure permanently the preservation of ICH in museums.