Intangible cultural heritage, intellectual property, and the politics of development in Southeast Asia

The chapter examines the use of the concept of cultural property as it is expressed in UNESCO Conventions and of intellectual property related to heritage, traditional knowledge, and traditional cultural expressions, developed by the World Intellectual Property Organization (WIPO) and UNESCO model laws and in WIPO discussions about an international treaty in this field. The activities in these various international forums and their adaptations in national laws lead to overlaps between cultural and intellectual property related to intangible cultural heritage in some national and regional laws in Southeast Asia and to problematic claims made by governments on this basis. The chapter provides examples for such developments and for the bargaining between governments at different levels and between governments and communities about intangible cultural heritage in the context of development policies. It suggests that progress at international level may require some re-thinking of international law or treaty negotiations with a less general and more diversified focus.