Intellectual property and cultural heritage: towards interdisciplinarity

Macmillan, Fiona (2021) Intellectual property and cultural heritage: towards interdisciplinarity. In: Calboli, I. and Montagnani, M.L. (eds.) Handbook of Intellectual Property Research Lenses, Methods, and Perspectives. Oxford, UK: Oxford University Press. ISBN 9780198826743. (In Press)

Abstract

There are a host of methodological challenges in working at the interface of intellectual property and cultural heritage, but most – if not all- of these can be subsumed under two big questions of method. The first is a question of legal method or, perhaps even more alarming, one of legal ordering and taxonomical hierarchies. The second relates to the use by scholars working primarily from law as a discipline of perspectives from other disciplines and, conversely, the use by non-legal scholars of legal disciplinary perspectives. These are, of course, the two big questions of method that confront all legal scholars working outside (or around or alongside) the strictly positivist or dogmatic tradition. However, there are particular and distinctive twists and turns in their application to the intersection of intellectual property and cultural heritage, which have important implications for intellectual property research more broadly. This chapter engages with some of those twists and turns.

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