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Pacific Studies Journal

Abstract

Pacific Island countries (PICs) are developing countries that represent one of the culturally richest and most diverse regions worldwide. A decade ago, the realization evolved at the international level that intangible cultural heritage (ICH) represents a development tool with an inherent commercial value. Regional initiatives are currently trying to balance objectives of development and protection of ICH with the need for commercial exploitation and effects of commodification. Yet the same cannot be said about the Economic Partnership Agreement (EPA) between PICs and the EU. This article advocates that current efforts by the European Union (EU) in supporting regional and national processes, which are meant to establish a preliminary level of legal protection for Pacific ICH, are insufficient and inappropriate to the '"Living"' character of ICH. It promotes a more context-oriented design of intellectual property rights provisions in EU policy instruments aimed at sustainable development of the Pacific region.

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