Guidelines for Preserving Intangible Cultural Heritage from Infringement Against the Owners of Intangible Cultural Heritage

Abstract

          This article titled “Guidelines for Preserving Intangible Cultural Heritage from Infringement Against the Owners of Intangible Cultural Heritage” is an analysis of information on issues that related to the infringement of intellectual cultural heritage, Including studying the infringement of owners of intangible cultural heritage in the context of Thailand. This article has a comparative analysis of the Law on the Promotion and Preservation of Thailand's Intangible Cultural Heritage and The Law on the Protection of Intangible Cultural Property in the context of Japan. It led to the guidelines for improving and amending laws to be able to protect the rights of intangible cultural heritage owners. This article found that intangible cultural heritage is linked to the owner of intangible cultural heritage. The issue of intangible cultural heritage infringement is affecting the intangible cultural heritage and meaning of the community in terms of values, traditional culture, and traditional beliefs. The issue of intangible cultural heritage infringement is the use of intellectual cultural heritage without the rights of the cultural owners, while there is no law to provide the protection that is effective and comprehensive enough. As a result, there are still loopholes in the law that adversely affect the owners of the intangible cultural heritage from infringement the cultural intangible in the communities. The issue of intangible cultural heritage infringement in Thailand’s context and law showing that if a problem of intangible cultural heritage infringement occurs, the rights of the intangible cultural heritage owners cannot be protected. This allows the article to present Guidelines to Preserve Intangible Cultural Heritage from Infringement to be more comprehensive.