LAUSR

Article 3(b) of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO Convention) prescribes that “[n]othing in this Convention may be interpreted as ... affecting the rights and obligations of States Parties deriving from any international instrument relating to intellectual property rights or to the use of biological and ecological resources to which they are parties.” The Convention declares that it intends to respect international agreements relating to intellectual property rights (IPRs).1 In this respect, IPRs associated with intangible cultural heritage can contribute to promoting the purposes of the Convention. A good illustration of this is Article 49 of the Act on Preservation and Promotion of Intangible Cultural Property (Act on Intangible Cultural Property) in Korea.2 It provides passive and active ways to protect intangible cultural properties in connection with IPRs. The UNESCO Convention does not address IPRs except in relation to its emblem,3 and, therefore, it also does not address domestic norms in relation to them.