Benedetta Ubertazzi Livres

Intangible cultural heritage (ICH) is explored in relation to sustainable development and intellectual property rights (IPRs). The author highlights the challenges and opportunities IPRs present for safeguarding ICH, arguing that their adoption aligns with the UNESCO 2003 Convention. The book offers a nuanced analysis of IP law's impact on ICH, considering environmental, social, and economic perspectives. It evaluates the benefits and drawbacks of IPRs in this context and addresses the structural issues affecting the safeguarding of social and environmental processes related to ICH.

Benedetta Ubertazzi argues that exclusive jurisdiction rules related to intellectual property rights cases are not only insufficiently supported by any of the arguments usually invoked in their favor, but are also in fact contrary to public international law rules concerning the avoidance of a denial of justice and the fundamental human right of access to a court. They should therefore be abandoned with respect to infringement and validity claims involving either registered or unregistered intellectual property rights. The author claims that this abandonment would be consistent with the clear trend already existing in this respect and would prevent economic inequalities in cross-border intellectual property litigation, without however leading to abusive forum shopping.