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- Title
CROSS-CULTURAL NEGOTIATIONS AND INTERNATIONAL INTELLECTUAL PROPERTY LAW: ATTEMPTS TO WORK ACROSS CULTURAL CLASHES BETWEEN INDIGENOUS PEOPLES AND MAJORITARIAN CULTURES.
- Authors
PICART, CAROLINE JOAN S.
- Abstract
This Article characterizes the paradigmatic nature of culture. The underlying method of this Article is autoethnographic, and it deals with the particular cultural clashes occurring between indigenous peoples and majoritarian cultures. Geert Hofstede and his co-authors employ a cultural rubric of individualism versus communitarianism to sketch the cultural conflicts embedded in the disagreement between the German band, Enigma, and the Ami tribal couple, the Duanas, over the ownership of an Ami traditional folk song.1 In addition, Hofstede and his co-authors use a cultural schema of hierarchy versus egalitarianism to draw out key elements of the cultural conflict between the Chilean government and the Mapuche/Pehuenche tribe over control of the right to build a dam that would flood the tribe's ancestral lands.2 Using these authors' framework, this Article examines general programs of action and specific strategies in potentially overcoming these cultural barriers. Ultimately, it outlines key principles, specific strategies, and incentives for negotiation in overcoming cultural clashes between indigenous cultures, such as the Kani tribe in India; the Ami tribe in Taiwan; the Mapuche/Pehuenche tribe in Chile; and various majoritarian cultures.
- Subjects
CULTURE conflict; HOFSTEDE, Geert, 1928-2020; MAPUCHE (South American people); LEGAL status of indigenous peoples; INTELLECTUAL property (International law); ENIGMA (Performer); AMIS (Taiwan people)
- Publication
Southern California Interdisciplinary Law Journal, 2014, Vol 23, Issue 1, p37
- ISSN
1077-0704
- Publication type
Article