Legal Protection of the Traditional Knowledge and Traditional Cultural Expressions of the Indigenous Peoples of the Former Soviet Union*

2019 ◽  
pp. 365-423
Author(s):  
Michael Newcity
Keyword(s):  
Soviet Union ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Former Soviet Union ◽  
Legal Protection ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

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’.

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.

The Religious Worldview of the Indigenous Population of the Northern Ob' as Understood by Christian Missionaries

2005 ◽  
Vol 29 (3) ◽  
pp. 134-139
Author(s):  
Anatoliy M. Ablazhei ◽  
David N. Collins
Keyword(s):  
Soviet Union ◽  
Indigenous Peoples ◽  
Holy Spirit ◽  
Former Soviet Union ◽  
Communist Regime ◽  
Memorial Lecture ◽  
Russian Orthodox ◽  
The Holy Spirit ◽  
The Rich ◽  
Missions History

On the eve of the 1917 Bolshevik Revolution, the Russian Orthodox Church had at least nine missions operating among Siberia's indigenous peoples. The Red victory in the ensuing civil war led to the elimination of all missionary activity, whose resumption was possible only after the fall of the Communist regime seventy years later. The few accounts of Christian missions published in the USSR were tendentious in the extreme. Only in the post-Communist era have scholars in the former Soviet Union been free to explore the rich archival and journalistic resources left by the missionaries. Anatoliy Ablazhei's article was chiefly addressed to scholars in Russia. It explores the extent to which the newly available missionary accounts are useful sources for contemporary scholars investigating native religion and cosmology. His work is reproduced here in translation for several reasons. It exemplifies the new wave of Russian scholarship about missions history, giving us a glimpse of the mass of documentary material available for researchers to use. Its critique of Russian Orthodox perceptions of native religion and the imperfect methods employed to spread Christianity in Siberia provides us with material from a mission field little known in the outside world. This information can prove useful for comparative missiological investigations. Above all, however, its value lies in its contribution to the ongoing debates about contextualization and syncretism, the validity of the Gospel for all peoples, and the appropriation of Christianity by the world's indigenous peoples. It exemplifies the errors of ignorance often committed by outsiders trying to spread the Gospel within a thoroughly alien culture. As Terence Ranger reminded us in the first Adrian Hastings Memorial Lecture at Leeds University in November 2002, authentic Christianity is indeed possible among indigenous peoples. The Holy Spirit can inspire a transformation of their lives and culture, without an excess of Eurocentric accretions.1

Sign in / Sign up

Export Citation Format

Share Document