Taiwan, Tourism, and Trademarks: Protecting Aboriginal Culture

Abstract

The Taiwanese government has long used and endorsed aboriginal culture (e.g., in the form of theme parks, cartoons, music, and films) to grow local industries and attract tourism. By showcasing indigenous culture on the world stage, Taiwan's entertainment and tourism industries have developed in mainstream society a sense of pride in its living native treasures. The conscious effort to diversify what it means to be Taiwanese has resulted, somewhat ironically, in a sort of communal identity. Accordingly, some scholars believe that indigenous culture should belong to the public domain. Indeed, the injection of aboriginal culture into the mainstream has had positive and negative effects. On the one hand, the entry of indigenous culture into the mainstream has provided formerly overlooked minority groups with new resources and societal leverage, as well as educated the Taiwanese people about diversity. On the other hand, the capitalization of traditional culture by non-aboriginal entities can be detrimental to aboriginal self-sufficiency and preservation efforts. This paper examines the different levels of protection of traditional culture for aboriginal tribes. Part II discusses the legislations currently in place for the benefits of the aborigines, and the recent controversy surrounding government procedures in defining the legal statuses of the aboriginal tribes. Part III looks at the efficacy of domestic legislation vis-à-vis international treaties. Part IV describes the role of intellectual property rights in a private settlement between a film production company and the Seediq tribe.