Saving the Village: Conserving Jurisprudential Diversity in the International Protection of Traditional Knowledge

2005 ◽  
pp. 521-564 ◽  
Author(s):  
Antony Taubman
Keyword(s):  
Traditional Knowledge ◽  
International Protection ◽  
The Village

scholarly journals Protection of Traditional Knowledge: Trade Barriers and the Public Domain

2017 ◽  
Author(s):  
David R. Hansen
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
The United States ◽  
Public Domain ◽  
Trade Barriers ◽  
Motivating Factors ◽  
International Protection ◽  
The Public ◽  
Indigenous Groups ◽  
The Right

In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law - and in particular, U.S. copyright law - which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, traditional knowledge protections at the international level have generated some degree of friction between the developed and the developing world. So far, much of the debate focuses on the “political” and “real” costs and benefits of traditional knowledge rights, but there is little discussion of the legal consequences of current protections. Given the underlying ideological conflict, some legal dissension is likely to occur regarding enforcement and protection of traditional knowledge rights. This paper examines “positive” traditional knowledge protections, which provide copyright-like rights over content, including the right exclude, license, and profit from these works. In many cases these protections regulate works that Western eyes would view as in the public domain. Initiatives to provide international protection for traditional knowledge expressions have blithely proceeded without much regard for the potential consequences under existing international law. This paper makes the point that at least some existing traditional knowledge protections not only conflict with IP-policy norms of the United States and the European Community, but also that these protections violate the very terms of TRIPS and GATT. As work toward international protection of traditional knowledge progresses, policy makers should be aware of these legal incompatibilities and how they evidence the deep conflict between expansive traditional knowledge protections and Western IP policy.Cite as David R. Hansen, Protection of Traditional Knowledge: Trade Barriers and the Public Domain, 58 J. Copyright Soc’y U.S.A. 757 (2011)

scholarly journals OS DESAFIOS PARA A PARTICIPAÇÃO CANELA NA SAÚDE INDIGENISTA

2016 ◽  
Vol 19 (2) ◽  
pp. 489
Author(s):  
Diego Rodrigo Pereira
Keyword(s):  
Social Control ◽  
Indigenous Knowledge ◽  
Traditional Knowledge ◽  
Indigenous Health ◽  
National Policy ◽  
The State ◽  
The Social ◽  
Indigenous Participation ◽  
Health Model ◽  
The Village

Resumo: O artigo analisa o modelo de saúde previsto na Política Nacional de Atenção à Saúde dos Povos Indígenas e a participação do povo Canela diante dos saberes tradicionais da própria comunidade e os serviços biomédicos oferecidos. Aponta que a participação Canela tem se dado através da atuação dos agentes indígenas de saúde e por meio do controle social dos conselhos local e distrital de saúde indígena. Desta forma, tais agentes têm atuado como meros auxiliares dos técnicos biomédicos, sem que haja uma articulação com os saberes indígenas outrora vigentes nas aldeias. Ademais, a representação nos conselhos local e distrital expressa uma violência simbólica por parte do Estado, pois a delegação do poder dada aos Canelas destina-se a uma parcela mínima, e tal fato não se constitui uma prática na aldeia, tendo em vista que as decisões são tomadas, contando com a participação de todos os membros e não de uma parcela irrisória como o Estado determina.Constata que, na implementação da atual política, não tem ocorrido o reconhecimento à especificidade dos povos indígenas frente aos saberes tradicionais. Desta forma, é necessária a construção e promoção de ações específicas e diferenciadas de saúde, que visem o respeito aos aspectos socioculturais desse povo.Palavras chave: Participação indígena, controle social, saberes indígenas.CHALLENGES FOR CANELA’S PARTICIPATION IN THE INDIGENOUS HEALTHAbstract: The health model provided in the Política Nacional de Atenção à Saúde dos Povos Indígenas (National Policy for the Indigenous People Health) and the participation of the Canela’s people with relation to traditional knowledge of the community and the biomedical services offered was analyzed in this paper. Points out that Canela’s participation has been given through the indigenous health agents and through the social control of local and district councils of indigenous health. Thus, these agents have acted as mere auxiliaries of biomedical technicians, without an articulation with indigenous knowledge formerly existing in the villages. Moreover, the representation in local and district councils expresses a symbolic violence by the state, because the delegation of power given to Canelas is intended to a minimum portion and this fact does not constitute a practice in the village, once the decisions are taken with the participation of all members, not an insignificant amount as the State determines. States that, in the implementation of the current policy has not occurred the recognition of indigenous specificity compared to traditional knowledge. So, it is necessary the construction and promotion of specific and differentiated health actions, which aim to respect the sociocultural aspects of this people.Key words: Indigenous participation, social control, indigenous knowledge.

scholarly journals Perubahan Pola Permukiman Orang Laut Suku Duano

2018 ◽  
Vol 10 (2) ◽  
pp. 223
Author(s):  
Ichwan Azhari ◽  
Onggal Sihite ◽  
Ida Liana Tanjung
Keyword(s):  
Traditional Knowledge ◽  
Research Method ◽  
Coastal Ecosystems ◽  
Ethnographic Research ◽  
Government Programs ◽  
The Past ◽  
The Village

This paper examines changes in Orang Laut settlements in two villages namely Tanjung Solok Village and Jambi Province Fisheries Village. Changes occurred from settlements on boats in the sea to settlements inside houses in the village. The research method used is an ethnographic research method whose characteristics are "researching informants - as subjects of research-in their daily environment". The researcher and the object under study interact intensely through in-depth observation of the object in accordance with the research objectives. In the two villages studied, the facts of the changes that have taken place over the past 30 years have been found, due to the incessant government programs to "settle" the Sea People to the mainland. Changes in the lives of the Orang Laut in the new and permanent villages have caused the loss of traditional knowledge of the Orang Laut in the maritime field. They changed from the Sea People who lived in a sea that was modest and full of wisdom to the sea and coastal ecosystems to become Sea People who lived on land with complex life, carried by the current of modernization and exploiting and destroying marine and coastal ecosystems.

scholarly journals A geometria no fazer das roças do povo Pataxó Hãhãhãe

2020 ◽  
Vol 28 ◽  
pp. 79
Author(s):  
Amagilda Pereira Souza ◽  
Keli Cristina Conti ◽  
Diogo Alves de Faria Reis
Keyword(s):  
Traditional Knowledge ◽  
Intercultural Training ◽  
The People ◽  
History Of ◽  
Indigenous Educators ◽  
The Village

This article aimed to revisit a course conclusion work on the Intercultural Training for Indigenous Educators, in Mathematics qualification. The research was carried out in the Caramuru Indigenous village of the Pataxó Hãhãhãe people, researching in a historical-bibliographic way and using documents, books and records that told the history of the people as collection instruments. We also used photographs of the practices of the Pataxó Hãhãhãe people, highlighting the gardens and gardens, in addition to interviewing two members of the village. Highlighting the geometry present in the fields and gardens, so that this knowledge could be registered and remembered, both by the school and in the community, was of great value for the formation and expansion of the researcher's knowledge and for the Pataxó Huhãhãe people. With that, we are valuing and rescuing the traditional knowledge that the people teach us with the experience in the community. The work will also serve as research and encouragement in the community.

scholarly journals Documentation of Tribal’s Traditional Knowledge of Medicinal Plants from Renlagadda Thanda, Kodangal Mandal, Mahabubnagar Dist, Telangana, India

2015 ◽  
Vol 35 ◽  
pp. 13-24
Author(s):  
Singh P. Shivakumar ◽  
Singh Rajender
Keyword(s):  
Medicinal Plants ◽  
Traditional Knowledge ◽  
Present Report ◽  
Economic Conditions ◽  
Healthcare Facilities ◽  
Tribal People ◽  
Ethnomedicinal Plants ◽  
Tribal Communities ◽  
Healthcare Needs ◽  
The Village

The aim of this report is giving the importance in need of ground leveal documentation of medicinal plants, their ingrediants and usage. To be effort has been made to evaluate plants used for medicare by the tribal people of Renla Gadda Thanda, Kodangal mandal, Mahabubnagar Dist, Telangana. Due to be deficient in of modern healthcare facilities and poor economic conditions, the tribal people of the Thanda fully depend on in the vicinity available medicinal plants for their healthcare needs. In the present report a total of 24 ethnomedicinal plants from 23 genus and 24 species occupied 18 families were recorded. The thorough information i.e., Usage, to be treated disorder, Parts used recorded. This is a first report from the Renlagadda Thanda of Kodangal mandal. The study area having wealthy in medicinal plants flora and tribal communities with latest usages. Documentation of traditional knowledge on medicinal plants from the village or thanda level is the elementary and necessary samples for novel medication.

scholarly journals The Role Of Agroforestry Towards Local Culture And Agroforestry Farmer Attitudes Towards Its Environment In Bulungan District, North Kalimantan Province

2020 ◽  
Vol 9 (1) ◽  
pp. 31-38
Author(s):  
MARLAN USMANI PUTRA
Keyword(s):  
Traditional Knowledge ◽  
Forest Products ◽  
Agroforestry System ◽  
Local Culture ◽  
Local Institutions ◽  
Cultural Aspects ◽  
Durio Zibethinus ◽  
Quantitative Descriptive ◽  
The Village

The Agroforestry System in Mara Satu village largely follows traditional patterns. The reason the farmers apply the agroforestry pattern has become a local culture that was passed down from their ancestors. The community of farmers is still very dependent on the commodity yields from the agroforestry system, but the community is not aware that agroforestry also affects the local culture, including the attitude of farmers to their environment. Regarding cultural aspects, agroforestry can play a role in tenure aspects, preserving various cultural identities, maintaining local institutions, and preserving traditional knowledge, while looking at farmers attitudes towards the environment, they can assess their attitudes towards grazing forested animals, harvesting forest products and attitudes of agroforestry farmers in maintaining staple plants. so this study aims to determine how the role of agroforestry in local culture and how the attitude of agroforestry farmers to their environment in the village of Mara Satu, Bulungan District. This research was conducted in the village of Mara Satu, Tanjung Palas Barat District, Bulungan Regency, North Kalimantan Province. The methodology used is a purposive sampling method that is deliberate sampling while the determination of the number of samples is determined based on the Slovin technique. Data analysis using quantitative descriptive and loaded in tabular form. Based on the results of the study it can be seen that agroforestry practices developed by farmers in the village of Mara Satu play an important role in protecting farmer's tenure rights, preserving cultural identity, enhancing the role of local institutions, and preserving traditional knowledge. Agroforestry farmers in Mara Satu village can also be said to be quite concerned about their environment. This is evidenced by the majority of agroforestry farmers not tending livestock in the forest and they no longer cut wood in the forest for sale but benefit from non-timber forest products such as swallow nests (Collocalia maxima), aloeswood (Aquilaria malaccensis), lapiu fruit (Archidendron panviflorum) and honey bee (Apis koschevnikovi) from the forest. Besides that, Mara Satu village farmers always take care of their agroforestry staple plants, in this case, durian (Durio zibethinus), as well as they, take care of other forest plants, although the intensity of each respondent varies, because they realize that it is very important to maintain the forest.  

scholarly journals Disaster Risk Reduction: Lessons from Traditional Knowledge

2020 ◽  
Vol 8 (6) ◽  
pp. 1209-1216
Keyword(s):  
Risk Reduction ◽  
Traditional Knowledge ◽  
Disaster Risk Reduction ◽  
Qualitative Data ◽  
Strong Relationship ◽  
Disaster Risk ◽  
Data Availability ◽  
Relationship Of ◽  
The Village

World over, there is a great shift from disaster management to disaster risk reduction. The Sendai Framework for Disaster Risk Reduction 2015-2030 also focused on to prevention of new risk, reduction of existing risk and strengthening of societal and environmental resilience in process of achieving sustainability. It is a known fact that traditional knowledge has a wealth of knowledge on any subject. This paper is an attempt to review the traditional knowledge related to the built environment of the hills of Uttarakhand, in a process of learning their relevance, to cope up with the threats and vulnerabilities from disasters. The study was conducted and explained through a case study of village Bagori. The qualitative data was collected through an intensive primary survey of the village, discussions with the villagers and available written documents. In the absence of sufficient data availability, the drawings and details of the area were created by the authors, compared and digitized. The analysis of the data was done through GIS (hydro tool) and verified by cross-referencing from the secondary scientific literature. The synthesis of both the spatial and social knowledge reviewed concludes on the possibility of establishing a strong relationship of traditional knowledge in disaster risk reduction. The paper recommends that adaptation of traditional knowledge, dovetailed with contemporary practices will certainly contribute to achieving sustainable development of the disaster-prone region.

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