Питання правового режиму об’єктів нематеріальної культурної спадщини

The article analyses the legal regime for safeguarding intangible cultural heritage, focusing on the 2003 UNESCO convention as the cornerstone of international efforts. It explores the evolution of the safeguarding concept, legal definitions, and challenges in regulating cultural heritage through intellectual property rights. Various stakeholders, such as states, NGOs, and communities, are highlighted in preserving and transmitting cultural practices. The article critiques the existing political influences and limitations in balancing cultural preservation. The article advocates for the harmonization of international and domestic legal norms to ensure effective protection against misuse and to facilitate global cultural cooperation. Different aspects of safeguarding are examined in the article. Furthermore, the article calls for a sui generis legal approach that respects cultural diversity while safeguarding intangible cultural heritage as a dynamic and living entity. By addressing these points, the article seeks to contribute to the development of more effective and useful mechanisms for the safeguarding and promotion of intangible cultural heritage worldwide. Undoubtedly, the formation of a corresponding international legal regime depends on the adoption of binding legal documents that impose obligations on states. The establishment of certain obligations for states, along with regulatory mechanisms tailored to the object of regulation within each legal document are the main points for the establishment of a legal regime. The functionality of regulatory mechanisms determines the effectiveness of an adopted legal document. The subjects that define the legal regime are key factors which identify the problems in the relevant field. They regulate and propose alternative solutions to address challenging issues, thus managing the relationships arising from that field. When examining the existing regimes for the protection of intangible cultural heritage, we find that, alongside the sui generis regime, protection through intellectual property rights has always been a relevant topic of discussion. The article explores protection within the framework of these regimes from various perspectives.