The allocation of property rights to intangible cultural assets
AbstractThis paper provides an economic justification for the protection of cultural property rights of indigenous groups. Cultural property either in the form of traditional knowledge or folklore carries the potential to increase wealth by adding to the knowledge base of an economy. But in order to ensure efficient use of cultural assets, the law should provide protection from overexploitation which is likely to occur as cultural assets can be characterized as a common pool resource. In contrast to other intellectual property such as inventions cultural goods are primarily provided by intrinsic motivation. External effects of using them in the production of other goods could crowd out this motivation. If cultural assets are part of the knowledge base of an economy, as argued here, protection of cultural assets should be implemented by either specific regulation by the state or the creation of property rights which can be traded on markets. International law should endeavour to provide a framework with lowest possible transaction costs while securing cultural assets.
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Bibliographic InfoPaper provided by University of Goettingen, Department of Economics in its series Departmental Discussion Papers with number 136.
Length: 16 pages
Date of creation: 25 Feb 2008
Date of revision:
Intellectual property rights; Cultural property rights; common pool resource; knowledge base;
Find related papers by JEL classification:
- Z1 - Other Special Topics - - Cultural Economics
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
- H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
This paper has been announced in the following NEP Reports:
- NEP-ALL-2008-03-01 (All new papers)
- NEP-CUL-2008-03-01 (Cultural Economics)
- NEP-ENV-2008-03-01 (Environmental Economics)
- NEP-IPR-2008-03-01 (Intellectual Property Rights)
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- Renate Ohr, 2009. "European Monetary Union at Ten: Had the German Maastricht Critics Been Wrong?," Departmental Discussion Papers 141, University of Goettingen, Department of Economics.
- Corinna Ahlfeld, 2009. "The scapegoat of heterogeneity - How fragmentation influences political decisionmaking," Departmental Discussion Papers 143, University of Goettingen, Department of Economics.
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