Thesis report: Protecting the cultural heritage of Peru’s indigenous peoples: the limits of intellectual property and the case for sui generis protection

Overview & Synopsis

Indigenous cultural heritage is a collective tangible and intangible heritage handed down from generation to generation, that is threatened by loss and illegitimate appropriation. The search for a suitable legal framework for its protection is a global challenge. While intellectual property rights seem to offer a solution, they are clearly ill-suited to the specific characteristics of this type of heritage. A sui generis legal regime is usually preferred. In Peru, protection of this heritage involves legal, political, socio-cultural and environmental aspects. The solution lies in combining legal and extra-legal measures, and guaranteeing the right of indigenous communities to autonomous management and decision-making.