At the crossroads : the relationship between heritage and intellectual property in traditional knowledge protection in Southeast Asia

Matters related to traditional knowledge (TK) and traditional cultural expressions (TCEs) are 'at the crossroads' in various respects. From a legal perspective, TK is discussed in several international forums and is at the intersection of several already established or still emerging fields of law. Of particular interest here is the relationship between heritage and intellectual property. It is discussed in international diplomatic negotiations on intellectual property (IP) protection for TK/TCEs in the context of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO) and in the context of the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage. Geographically, TK is also located 'at the crossroads'. It is linked to cultural spaces associated with certain peoples and certain territories and these are often not identical with the borders of nation states. Such borders are a colonial artefact that often fails to reflect the ethno-geographical reality of a region. The divergent national and ethnic boundaries create overlapping claims in situations that may be further complicated by both ancient and modern transmigrations and/or shared heritage. The Southeast Asian region, which is the geographical focus of this article, has been at the crossroads of trade and religious and cultural influences for centuries and it provides, therefore, excellent examples for such overlapping cultural spaces and resulting conflicting or competing claims. The article examines the legal and geographical intersections that have contributed to the current situation and the relationship between cultural and intellectual property in regional claims as well as examples of disputes that have arisen and the reasons for them.

Aussie leads project to measure Iraq’s heritage destruction

A Melbourne academic is leading a very different battle in Iraq: an attempt to restore as much as possible of the country's ransacked cultural heritage.

Creating the Iraq cultural property destruction database: calculating a heritage destruction index

Over the past decade there have been constant reports of damage to significant cultural property in several complex (post-)conflict and (post-)revolutionary states. Recent events in Syria, Mali, Libya, Egypt, Tunisia, Afghanistan and Iraq – as devastating as they have been for people – have also had dramatic consequences for a number of important cultural heritage sites. Despite the severity of these events and global concern, the field of heritage studies has not developed a methodology for cataloguing such heritage destruction in a database. Addressing this paucity in the literature, this article details the methodology developed to produce the Iraq Cultural Property Destruction database, the world’s first database to document the destruction of cultural property in Iraq. This article also documents the calculation of the Heritage Destruction Index – a scale for measuring both the heritage ‘significance’ of a site and the overall level of destruction. Finally, this article also demonstrates the manifold uses of such a database in measuring and monitoring heritage destruction in Iraq. This study therefore sets a significant precedent in heritage studies by providing methods that can be applied to other contexts (past, present and future) to document the destruction of cultural property in complex contexts.