Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?

Abstract

Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.