Indigenous knowledge as intellectual property

2001 ◽  
pp. 161-172
Author(s):  
Charles H. Norchi
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge

Intellectual property, indigenous knowledge, and biodiversity

2005 ◽  
Vol 16 (3) ◽  
pp. 27-48 ◽  
Author(s):  
George Martin ◽  
Saskia Vermeylen
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge

Indigenous Knowledge & Intellectual Property: Negotiating the Spaces

2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Oral Traditions ◽  
Intangible Cultural Heritage ◽  
Communal Identity ◽  
Sound Recordings ◽  
Policy Initiatives

Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.

Rights to the Benefits of Research: Compensating Indigenous Peoples for their Intellectual Contribution

1997 ◽  
Vol 56 (2) ◽  
pp. 127-137 ◽  
Author(s):  
Fundación Indígena (FSI) ◽  
Brij Kothari
Keyword(s):  
Intellectual Property ◽  
Medicinal Plants ◽  
Indigenous Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Research Process ◽  
Local Communities ◽  
Ethical Guidelines ◽  
Self Reflection ◽  
Written Form

Research on indigenous knowledge has resulted in innumerable benefits to the Outsider(s). Indigenous peoples should be compensated in return. This article argues for integrating compensation and empowerment into the heart of the research process itself rather than viewing them as post-project undertakings. "Rights to the Benefits of Research" (RBR) is proposed as a unifying term to coalesce ideas of compensation for benefits to the Outsider(s) obtained from a noncommercial research process. In contrast, compensation of indigenous peoples via "Intellectual Property Rights" (IPR) is seen as predicated primarily upon commercial benefits. A strategy to implement RBR based on ethical guidelines and indigenous peoples' empowerment is suggested. A participatory ethnobotanical research project conducted in Ecuador serves to illustrate benefits for which compensation would fall under RBR but not IPR. The project involved the local communities in documenting their oral knowledge of medicinal plants in a written form, primarily for themselves. It is assessed along extractive, compensatory, and empowering tendencies through post-project self-reflection. The article posits that the conservation of indigenous knowledge for and by the local peoples could have positive implications for protecting their intellectual property from predations by the Outsider(s).

Factors Militating Against the Development of Tiv Indigenous Knowledge

2017 ◽  
pp. 422-443
Author(s):  
Tim Cuttings Agber
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge ◽  
Science And Technology ◽  
Way Of Life ◽  
Medicinal Uses ◽  
Christian Religion ◽  
The People

The Tiv people right from the time of old possessed a handsome knowledge about their origin, way of life or traditions, science and technology including means of cultivating crops and ways of trapping or killing animals for food, medicinal uses of different plants, methods of making shelters to lay their heads and tactics of making cloths to cover their nakedness among others in a well-defined manner. Essentially, the knowledge the people possessed, which culminated into the Tiv Indigenous Knowledge (TIK) was orally transferred from one descent to another for documentation and continuity. However, the interplay of colonialism, Christian religion and intellectual property laws, constituted factors militating against the development of this crucial indigenous knowledge. This chapter therefore, describes the Tiv indigenous knowledge and the factors militating against it as well as attempt to figure out strategies that could be useful in curtailing these problems.

scholarly journals Forbidding the Tragedy of Commons; Conserving Indigenous Knowledge through Indigenous Peoples and Local Communities Entitlement for Future Generations from the Perspectives of Intergeneration Justice

2018 ◽  
Vol 7 (3.30) ◽  
pp. 99
Author(s):  
Al-Hanisham Mohd Khalid ◽  
Rohaida Nordi ◽  
Safinaz Mohd Hussein
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Future Generations ◽  
The Core ◽  
Core Issues

Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade. The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This paper aims to highlight the issues of conserving indigenous knowledge since indigenous knowledge does not belong to one generation but all generations. Discussion will embark on from the perspective of intellectual property jurisprudence through the works of Henry Reynolds, James Tully and Will Kymlicka. The outcome of this paper demonstrates promising thought into the role of intergeneration justice in protecting indigenous peoples in Malaysia. It is the contention of this paper that perhaps such conditions could apply to traditional knowledge too in addressing the plight of indigenous peoples. 

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