Monica Florina Boţa-Moisin*

Abstract

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. IA – the Romanian Blouse is such an element.

This paper proposes the design and implementation of a protection system dedicated to safeguarding and promoting o the Romanian Blouse through mechanisms that ensure authenticity, encourage creativity and innovation with respect of national identity, and translate economically the cultural value of tradition.

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 Romanian legal system.

In supporting the development of a dedicated legal protection mechanism for this Romanian element of ancestral fashion, the paper show-cases the recurrent violations of cultural intellectual property law in today’s society and draws attention to possible legal solutions for eliminating such behaviours.

Finally, the paper calls for the design and implementation of a sui-generis form of intellectual property protection of the Romanian Blouse as a cultural good, pertaining to the field of cultural intellectual property. In this endeavour of legal design one should follow a similar logic to that of the right to self-determination. This entire system should be built as a mechanism of intellectual property protection, granting its collective holder a cultural intellectual property right susceptible of monetization, as well as all prerogatives specific to intellectual property rights in general.

This paper should be regarded as an introduction in the complex issue of the legal protection of the Romanian Blouse.

 

* Avocat, This email address is being protected from spambots. You need JavaScript enabled to view it.. Iniţiator al proiectului „Legea IEI”, proiect de design legislativ, având ca obiect dezvoltarea şi implementarea unui sistem de protecţie juridică a IEI ca simbol identitar românesc şi a elementelor de inspiraţie identitar-tradiţională în designul de produs. Director executiv al Asociaţiei “La blouse roumaine – IA”.