Chinese Protective Legislation On Cultural Properties
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Chinese Protective Legislation On Cultural Properties
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Author : Ignatius T.P. Pao
language : en
Publisher:
Release Date :
Chinese Protective Legislation On Cultural Properties written by Ignatius T.P. Pao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Chinese Protective Legislation On Cultural Properties
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Author : Zunpeng Bao
language : en
Publisher:
Release Date : 1966
Chinese Protective Legislation On Cultural Properties written by Zunpeng Bao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with categories.
Intellectual Property Protection Of Traditional Cultural Expressions
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Author : Luo Li
language : en
Publisher: Springer Science & Business
Release Date : 2014-04-22
Intellectual Property Protection Of Traditional Cultural Expressions written by Luo Li and has been published by Springer Science & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-22 with Law categories.
The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.
Plunder And Preservation
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Author : J. David Murphy
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Plunder And Preservation written by J. David Murphy and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
* The first systematic examination of Chinese law governing cultural property exports
The Case For Repatriating China S Cultural Objects
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Author : Zuozhen Liu
language : en
Publisher: Springer
Release Date : 2016-02-25
The Case For Repatriating China S Cultural Objects written by Zuozhen Liu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
China Cultural Heritage And International Law
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Author : Hui Zhong
language : en
Publisher: Routledge
Release Date : 2017-11-27
China Cultural Heritage And International Law written by Hui Zhong and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
Cultural Heritage Politics In China
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Author : Tami Blumenfield
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-05-14
Cultural Heritage Politics In China written by Tami Blumenfield and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-14 with Social Science categories.
This volume explores China’s cultural heritage ideology and policies from three interrelated perspectives: the State and World Heritage tourism; cultural heritage tourism at undesignated sites, and the cultural politics of museums and collections. Something of a cultural heritage designation craze is happening in China. This is new within even the last five to ten years. Officials at many levels now see heritage preservation as a means for commoditizing their regions. They are devoting new resources and attention to national and international heritage designations. Thus, addressing cultural heritage politics in a nation dedicated to designation is an important project, particularly in the context of a rapidly growing economy. This volume is also important because it addresses a very wide range of cultural heritage, providing an excellent sample of case studies: historic vernacular urban environments, ethnic tourism, scenic tourism, pilgrimage as tourism, tourism and economic development, museums, border heritage, underwater remains, and the actual governance and management of the sites. This volume is an outstanding introduction to cultural heritage issues in China while contributing to Chinese studies for those with greater knowledge of the area.
The Tension Between Rights And Cultural Heritage Protection In China
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Author : Stefan Gruber
language : en
Publisher:
Release Date : 2017
The Tension Between Rights And Cultural Heritage Protection In China written by Stefan Gruber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This paper highlights the tension between China's present cultural heritage conservation law and policy on the one hand and the promotion of human rights, particularly the rights to cultural heritage and cultural identity, on the other hand. It examines the links between the conservation of heritage and human rights in a legal and policy context and adopts the position that heritage protection and the concept of human rights are integrally linked. However, the chapter demonstrates that in current Chinese law and policy, these links are not adequately displayed--or are distinctly absent--to the detriment of many relevant stakeholders. In regard to cultural heritage, human rights are taken to include the rights of communities to identify, define, access, manage and control their heritage. The chapter is informed by the assumption that the recognition of the rights of people to their own cultural heritage and the provision for its adequate conservation contributes to the promotion of human rights, both in China and in other parts of the world. China is a particularly fascinating case study in this context as it features one of the world's oldest continuing cultures while simultaneously experiencing rapid development, significant social change, and an ongoing disappearance of cultural heritage on an immense scale over the last decades. In view of these challenges, the Chinese government has undertaken enormous steps in recent years to promote the protection of some of the nation's cultural heritage, although the focus in this regard appears to be rather on utilising cultural heritage as an economic source and promoting national unity and pride. As a consequence, China has become one of the countries with the highest number of heritage properties inscribed on the World Heritage List and the Intangible Heritage List. However, less prominent heritage assets are much less likely to be awarded adequate protection if they are not considered to be of sufficient economic or political value. Possible rights or interests of local stakeholders are regularly set aside. The tension between rights and cultural heritage protection in this context is illustrated by examples related to development and the intentional destruction of heritage, gentrification and inhabited heritage sites, and increases in cultural uniformity and loss of diversity.
Heritage Politics In China
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Author : Yujie Zhu
language : en
Publisher: Routledge
Release Date : 2020-01-02
Heritage Politics In China written by Yujie Zhu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with History categories.
Heritage Politics in China: The Power of the Past studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present. As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies and interviews with policymakers, practitioners, and local communities, the authors off er a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China. Heritage Politics in China: The Power of the Past is essential reading for academics, researchers and students in the fi elds of heritage studies, cultural studies, Asian studies, anthropology, tourism and politics.
The Protection Of Geographical Indications In China
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Author : Xinzhe Song
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-23
The Protection Of Geographical Indications In China written by Xinzhe Song and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-23 with Law categories.
For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.