Studiu asupra proprietăţii culturale intelectuale ca ramură de drept. Analiză introductivă a reglementărilor internaţionale şi naţionale în privinţa proprietăţii culturale intelectuale
Study on cultural intellectual property as a branch of law. Introductory analysis of international and national regulations on intellectual cultural property

Summary/Abstract: “IA Law Working Group” is a joint initiative of “La Blouse Roumaine – IA” Association and the “European Law Students’ Association – ELSA Bucharest”. Interested in the legal protection of traditional cultural expressions and regulation of commerce with cultural goods, the students involved in this project, together with their coordinator, are advocating for the national configuration of a new field of law – cultural intellectual property. This introductory article offers a non-limitative outlook of the national and international applicable legislation as well as the cultural movement initiative developed in social media: “La Blouse Roumaine”. Starting with the Paris Convention on the Protection and Promotion of the Diversity of Cultural Expressions, legislation on the protection of traditional cultural expressions and expressions of folklore is ever more present in jurisdictions worldwide. Whilst countries like India, Portugal and Zambia offer legal solutions against counterfeiting of cultural goods and regulate commerce with such products, Romanian national legislation has no visible impact. The Romanian Blouse as a cultural good, as well as other elements that fall under the same category, are considered immaterial patrimony under Romanian law, unprotectable through any mechanism of intellectual property. Opposing this view, the “IA Law Working Group” supports the notion of cultural intellectual property as a self-standing field of law that creates a nurturing environment for traditional cultural expressions and cultural goods and services. Production of and commerce with cultural goods, outside the traditional community or private use, should be subject to regulation, and authenticity of these cultural goods should be certified by means of the cultural trademark – a sui-generis mechanism of legal protection specific to cultural intellectual property.

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