TY - JOUR
KW - Intellectual property
KW - intellectual property
KW - Cultural legislation
KW - Law
KW - cultural legislation
KW - Derecho
KW - Direito
KW - legislação culturelle
KW - legislación cultural
KW - propiedad intelectual
KW - propriété intellectuelle
AU - Oscar Pérez-Peña
AB - The present work aims to assess the main challenges of the legal protection and management of Ecuadorian cultural heritage, taking into account international and national theoretical references to understand its status. The cultural legislation Objective: it’s analyzed, in particular, Organic Culture Law of year 2016, and its current Regulation of 2017. Aspects related to protection of intangible cultural heritage and its relationship with system of protection intellectual collective property rights are valued of Ecuadorian communities and peoples. Methodology: The methodology used takes into account, from the perspective of transdisciplinarity and logical methods, historical-sociological, cultural and legal elements, which implies the combination of methods of the social sciences in general, and of legal sciences in particular. As Results, there are legal protection and management challenges such as: the integration of responsible subjects with these assets, through the transfer of competences, in preservation processes, especially in the community context. Insufficient management mechanisms in the protection measures of the historical centers, as well as strategies between the Ministry of Culture and Heritage and the administrative office that deals with collective intellectual property rights over traditional knowledge of different communities and social groups. In Conclusion, although legal protection and management is evident in the public policies and cultural legislation adopted, there are many challenges that this country presents in this area.
BT - Revista Lasallista de Investigación
DO - 10.22507/rli.v15n2a15
LA - English; Portuguese; Spanish
M1 - 2
N1 - Publisher: Corporacion Universitaria Lasallista
N2 - The present work aims to assess the main challenges of the legal protection and management of Ecuadorian cultural heritage, taking into account international and national theoretical references to understand its status. The cultural legislation Objective: it’s analyzed, in particular, Organic Culture Law of year 2016, and its current Regulation of 2017. Aspects related to protection of intangible cultural heritage and its relationship with system of protection intellectual collective property rights are valued of Ecuadorian communities and peoples. Methodology: The methodology used takes into account, from the perspective of transdisciplinarity and logical methods, historical-sociological, cultural and legal elements, which implies the combination of methods of the social sciences in general, and of legal sciences in particular. As Results, there are legal protection and management challenges such as: the integration of responsible subjects with these assets, through the transfer of competences, in preservation processes, especially in the community context. Insufficient management mechanisms in the protection measures of the historical centers, as well as strategies between the Ministry of Culture and Heritage and the administrative office that deals with collective intellectual property rights over traditional knowledge of different communities and social groups. In Conclusion, although legal protection and management is evident in the public policies and cultural legislation adopted, there are many challenges that this country presents in this area.
PY - 2018
SP - 194
EP - 209
T2 - Revista Lasallista de Investigación
TI - Desafíos de la protección jurídica y la gestión del patrimonio cultural ecuatoriano
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-85141809479&doi=10.22507%2fRLI.V15N2A15&partnerID=40&md5=6a263b3793369c3e55c7fd777b66e62e
VL - 15
SN - 17944449 (ISSN)
ER -