The Trouble Is, You Think You Have Time: Traditional Knowledge of Indigenous Peoples in Japan and India, the Reality of Biodiversity Exploitation

2022 ◽  
Author(s):  
Shambhu Prasad Chakrabarty ◽  
Maiko Tanoue ◽  
Ana Penteado
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Peoples

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals From felt tip to technology: the challenges of representing traditional knowledge in a GIS platform to create a knowledge surface

2021 ◽  
Author(s):  
Julie B. Robertson
Keyword(s):  
Knowledge Representation ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
The Arctic ◽  
Vector Data ◽  
Collective Knowledge ◽  
Vector Maps ◽  
Spatial Dimensions ◽  
Continuous Surface ◽  
Forms Of Knowledge

Traditional knowledge (TK) has been the keystone to survival in the Arctic for thousands of years. Caribou are integral to the society, health and culture of the Inuit, the Indigenous peoples of the Arctic. There is a lack of research regarding caribou on King William Island (KWI), Nunavut. Through a project in Gjoa Haven, located on KWI, Inuit Elders and hunters used maps to help represent their knowledge of caribou in the region. These 32 maps were processed in a GIS to explore the spatial dimensions of TK, and different forms of knowledge representation. Using vector data the features drawn were separated into lines and polygons to show hotspots of caribou knowledge. Using a fuzzy raster methodology, all caribou data was summed to create a collective knowledge surface of the caribou features. These maps refine the data from the vector maps and create a continuous surface that aims to better reflect the collective nature of TK. This research explores the challenges of representing TK using western technologies, and application of fuzzy methodologies for improving the representation.

Traditional Knowledge, Indigenous Peoples, and Local Communities

2017 ◽  
Author(s):  
Susy Frankel
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Minimum Level ◽  
Short Term ◽  
Practical Matter ◽  
Ip Law ◽  
Level Of Agreement

This chapter situates the claims for protection of traditional knowledge in the international intellectual property (IP) context. Drawing on examples, it discusses the meaning of “traditional knowledge” and how the goals and means of protecting that knowledge do not fit within the framework of IP law. In order to address the overlap with IP and provide protection against misuse of traditional knowledge, a number of international bodies have been involved in negotiations and treaty drafting. The chapter discusses those developments, and concludes that even though international resolution looks unlikely in the short-term, the protection of traditional knowledge will continue to feature in international IP debates until a minimum level of agreement at least reached. In order to attain such agreement, there needs to be relevant national laws and, as a practical matter, sufficient investment in the innovation of traditional knowledge in order to deliver the value of protection to its holders.

Overcoming epistemic injustices in the biomedical study of ayahuasca: Towards ethical and sustainable regulation

2022 ◽  
pp. 136346152110629
Author(s):  
Eduardo Ekman Schenberg ◽  
Konstantin Gerber
Keyword(s):  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Therapeutic Potential ◽  
Indigenous Rights ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Epistemic Authority ◽  
Double Blind

After decades of biomedical research on ayahuasca's molecular compounds and their physiological effects, recent clinical trials show evidence of therapeutic potential for depression. However, indigenous peoples have been using ayahuasca therapeutically for a very long time, and thus we question the epistemic authority attributed to scientific studies, proposing that epistemic injustices were committed with practical, cultural, social, and legal consequences. We question epistemic authority based on the double-blind design, the molecularization discourse, and contextual issues about safety. We propose a new approach to foster epistemically fair research, outlining how to enforce indigenous rights, considering the Brazilian, Peruvian, and Colombian cases. Indigenous peoples have the right to maintain, control, protect, and develop their biocultural heritage, traditional knowledge, and cultural expressions, including traditional medicine practices. New regulations about ayahuasca must respect the free, prior, and informed consent of indigenous peoples according to the International Labor Organization Indigenous and Tribal Peoples Convention no. 169. The declaration of the ayahuasca complex as a national cultural heritage may prevent patenting from third parties, fostering the development of traditional medicine. When involving isolated compounds derived from traditional knowledge, benefit-sharing agreements are mandatory according to the United Nations’ Convention on Biological Diversity. Considering the extremely high demand to treat millions of depressed patients, the medicalization of ayahuasca without adequate regulation respectful of indigenous rights can be detrimental to indigenous peoples and their management of local environments, potentially harming the sustainability of the plants and of the Amazon itself, which is approaching its dieback tipping point.

Part III Rights to Culture, Ch.11 Intellectual Property and Technologies: Article 31

2018 ◽  
Author(s):  
Stoll Tobias
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
State Action ◽  
Technology And Culture ◽  
Science Technology ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

This chapter looks at the specific right to intellectual property and technologies in Article 31. Article 31 sets out a number of rights of indigenous peoples relating to their science, technology, and culture, and calls for State action in this regard, which is to be taken with the involvement of those peoples. The provision relates to three different subject matters, between which there obviously exists quite some overlap. It refers, first, to ‘cultural heritage, traditional knowledge and traditional cultural expressions’. Second, it refers to ‘intellectual property’ over such heritage, knowledge, and expressions, and third, to ‘manifestations of…sciences, technologies and cultures’ — representative examples of which find themselves included in an illustrative list. According to Article 31, with a view to each of these subject matters, indigenous peoples have a right to ‘maintain, control, protect and develop’.

UX design in online catalogs: Practical issues with implementing traditional knowledge (TK) labels

First Monday ◽  
2020 ◽  
Author(s):  
Dana Reijerkerk
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Public Access ◽  
Practical Implementation ◽  
Metadata Standard ◽  
Online Catalogs ◽  
Digital Collection ◽  
Indigenous Materials ◽  
Access Rights

At the center of the evolving debates of open access and intellectual property in memory institutions is a long history of excluding Indigenous Peoples from conversations concerning the access and use rights to their belongings. In recent decades many memory institutions challenged prevalent historical and current classifications of Indigenous Peoples in online catalog records. Most recently the Library of Congress (LC) adopted a new cataloging practice called Traditional Knowledge (TK) labeling as a way to return control over access and use of Indigenous materials to their rightful Indigenous owners. The advent of this emergent digital rights tool disrupts previously held assumptions about the purpose of rights statements in catalog records as well as challenges the existing balance between the rights of Indigenous communities and the interests of public access. The adoption of TK Labels in the LC’s “Ancestral Voices” digital collection brings serious practical implementation issues to light that deserve further consideration before memory institutions invest in this new digital access rights metadata standard. Although TK Labels are a technological opportunity that provide more space for community-based relationships within memory institutions, this paper suggests that the practical implementation of TK Labels in Ancestral Voices falls short of its promise to return authority to the Passamaquoddy people. Rather, TK Labels raise more logistical and technical questions about the effectiveness of the TK labeling framework and purpose of re-cataloging records describing Indigenous materials.

Decolonizing Research Practice

2014 ◽  
pp. 178-192 ◽  
Author(s):  
Michael Evans ◽  
Adrian Miller ◽  
Peter J. Hutchinson ◽  
Carlene Dingwall
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Knowledge Systems ◽  
Indigenous Research ◽  
Research Practice ◽  
Research Results ◽  
Dissemination Of Research ◽  
General Improvement ◽  
Indigenous Methods

Indigenous approaches to research are fundamentally rooted in the traditions and knowledge systems of Indigenous peoples themselves, although Indigenous methodologies and methods have become both systems for generating knowledge and ways of responding to the processes of colonization. Very specific Indigenous methods emerge from language, culture, and worldview. This chapter describes two such Indigenous research approaches drawn from the work of two Indigenous scholars with their communities in Australia and Canada. Although creative and new, these approaches draw deeply from their communities and thus express and enact traditional knowledge systems in contemporary terms. This approach may result in more pertinent research, better take-up and dissemination of research results, and a general improvement in the situations of Indigenous communities and peoples.

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