期刊名称：Diskussionsbeiträge aus dem Volkswirtschaftlichen Seminar / Universität Göttingen
出版年度：2008
卷号：2008
出版社：Universität Göttingen
摘要：This 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.
关键词：Intellectual property rights, Cultural property rights, common pool resource,
knowledge base
