Protection of Traditional Knowledge as a Part of Cultural Heritage in Industrial Property Law

Protection of cultural heritage is a formidable task that requires the lawmaker to establish values crucial to preserving the identity of a given community. The concept of cultural heritage is understood differently in different national systems, where it primarily describes cultural activities aimed at preserving tangible and intangible cultural heritage, while in international law its meaning signifies the right to self-determination and existence, particularly in countries with a colonial history. However, due to the expanding influence of international regulations on national legal orders, the two indicated meanings of cultural heritage are mixed. This is reflected in the use of legal institutions, which ratio legis does not refer the function of protection of cultural heritage at all. The aim of this article is to explore whether and how cultural heritage is protected in industrial property law. The article addresses the understanding of the concept of cultural heritage and the means of its protection in industrial property regulations in selected countries. Based on the analysis, the general conclusions establish models for the protection of cultural heritage in industrial property law. The article aims to show that cultural heritage is a broader concept than cultural activities and that it is also protected by intellectual property law.