英文摘要 |
The Protection Act for the Traditional Intellectual Creations of Indigenous Peoples makes great contributions to indigenous traditional intellectual creations and cultural expressions; however, the Act does not truly reflect tribal culture and it still uses traditional Copyright concept and other rules in the mainstream society. In order to fulfill the goal of the Act, promoting indigenous culture, this article gives suggestions to this act by interpreting indigenous cultural rights. There are bountiful international law document discussing indigenous cultural right, including International Covenant on Civil and Political Rights and International Covenant on Economic, Social, and Cultural Rights, which Taiwan ratified in 2009. Therefore, this article tries to discuss the character of cultural right, the goal of establishing indigenous cultural right, and where the indigenous cultural right is based on before gives suggestions to the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples. |