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原住民族傳統智慧創作專用權標記與文化本真性之研究─以原住民族傳統智慧創作保護條例為中心
Thesis

原住民族傳統智慧創作專用權標記與文化本真性之研究─以原住民族傳統智慧創作保護條例為中心

賴郁涵
Masters, 國立清華大學, 科技法律研究所
2016

Abstract

原住民族傳統智慧創作保護條例 本真性標章 本真性 社群 多元文化主義 特殊權利 Protection Act for the Traditional Intellectual Creations of Indigenous Peoples Label of Authenticity Authenticity Community Multiculturalism sui generis
The application of the label of Traditional Intellectual Creations of Indigenous (hereafter “TICI” ) Right functioned as a representation of TICI Right and the cultural authenticity of indigenous people. The clarification of the essence of the label was of importance to verify the right and its meaning behind. This thesis therefore intended to focus on the supported narrative of Multiculturalism. Additionally, proposed an insight into the nature of authenticity via understanding the construction of community, the relations between the members and the community, based on Professor Johanna Gibson's theory of “community resources”. Furthermore, scrutinized how community affect the composition of the authenticity in different contexts under the theory of “authenticity” by Professor Charles Taylor. Meanwhile, took the practical experiences of the United States, Australia and New Zealand to examine how the authentic indigenous policy undergoing and compared the experience which was processed in Taiwan. To demonstrate the uniqueness of the authentic label in Taiwan due to the indigenous sui generis right and the essence of authenticity compared to certification marks, collectives marks, geographic indications and label of authenticity of other countries. Furthermore, concluded the differentiations thereof and provided suggestions of implementation of the label of Traditional Intellectual Creations of Indigenous.

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