In
Part One of this series of articles we introduced the concept
of cultural appropriation and provided an explanation of why it
sits uncomfortably with most of us. In
Part Two we discussed the power dynamics at play and whether
that power-balance has been struck in the current IP legislation we
see internationally. This article by Myriam
Christmann focuses on those power dynamics once more and looks
at the remedies that are offered in order to strike the balance
between indigenous people and the State using Human Rights Law as a
lever for interpreting IP legislation.
The relationship between Human Rights and Intellectual Property
is an interesting one, because it transcends different levels and
aspects of each legal field respectively. However, it seems as
though the relationship between the two only became apparent only
in the 1990s. This is primarily due to the fact that intellectual
property rights, by broadening its scope of protection, imposed
limitations on