Intellectual Property, Indigenous People and their Knowledge

Author(s):  
Peter Drahos
2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke

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.


2008 ◽  
Vol 37 (S1) ◽  
pp. 34-45 ◽  
Author(s):  
Chris Kavelin

AbstractThis paper will explore the role of universities as one of the most important gatekeepers that facilitate the appropriation of Indigenous medical knowledge (IMK) from Indigenous communities to transnational pharmaceutical corporations. The first section will deconstruct the “denial of dependency” upon IMK. Using case studies, the critique will demonstrate a complex mystification of Indigenous knowledge and labour, and a de-identification of Indigenous people and nature as the source of the medicines appropriated. The last section will analyse the law and policy context of the past 20 years that is responsible for creating a process of academic capitalism that has strengthened this phenomenon.


2020 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Anis Mashdurohatun ◽  
Ariy Khaerudin ◽  
Teguh Prasetyo

Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. Based on it ought to palladium with legal system that preserve behalf indigenous peoples in order to achieve legal objectives (Justice, certainty and expediency).  


Author(s):  
Stephen Gray

Questions of legal and cultural rights over rock art are particularly compelling given the very different significance the art holds for Indigenous people compared to that recognized by a more general public. In the past, conflicts have arisen between the interests of the Indigenous people and those of the nation state, or of non-Indigenous mining or tourism ventures. This chapter examines the legal rights that Indigenous people have to rock art sites on their land, as well as legal issues arising over the ownership and reproduction of rock art. It examines intellectual property law, including copyright, trade marks, and breach of confidence laws, as well as cultural heritage protection laws. Finally, it considers some of the broader cultural and ethical issues raised by non-Indigenous use of rock art imagery.


Author(s):  
Venu Parnami Tuteja

The unique requirements of the Indigenous people with respect to the intellectual property are very different. There are many conflicts regarding the questions of culturally appropriate usage, sharing of knowledge, and proper attribution. The process followed by courts may not resolve their issues. They have distinct social, cultural, and economic needs. The redressal system should be such that it helps to maintain and protect their position. ADR is one of the best to resolve their disputes as it offers a number of possibilities. The main methods of ADR are negotiation, mediation, and conciliation. WIPO plays a role in providing ADR arbitration rules in regards to the Indigenous people and local communities. The WIPO Arbitration and Mediation Centre was established in 1994 providing the resolution among the private parties regarding their international commercial disputes across borders. Through this chapter, questions such as the extent of ADR in resolving these issues and can this centre be considered as an appropriate forum for addressing the issues and settling them are presented.


2012 ◽  
Vol 34 (4) ◽  
pp. 359 ◽  
Author(s):  
L. Slade Lee

New crops are regularly being introduced into cultivation, typically accompanied by a very small agricultural knowledge base. Often, there is a lack of agronomic research information or production experience upon which to rely, nor plant varieties optimised for an agricultural system. The challenges of a new industry may be compounded by a lack of consumer awareness of the new product and value-chain models need to be developed to suit the product. Frequently the plant species being developed into a new crop is one traditionally used as a food source or for medicinal or other applications by Indigenous people. Thus a complex series of additional factors comes into play – consent of the original custodians, respect and acknowledgement of their traditional knowledge that may be exploited, and totemic, kinship and spiritual associations that may be impacted. Establishing benefit sharing for the hereditary stewards, and protection of traditional collective intellectual property is an important ethical consideration. In the 21st century, the previous unjust exploitation of the traditional knowledge of the original custodians without acknowledgement or benefit sharing, is no longer accepted. However, prevailing strategies to safeguard intellectual property and traditional knowledge associated with native plants, for instance, to ensure that benefit is captured for Indigenous hereditary custodians may be lacking or may contravene Indigenous customary law. Where scientific, cultural, ethical, legal and commercial issues interact at the emergence of a new crop industry, stakeholders from various perspectives will bring critical, sometimes conflicting, impediments to resolve. The challenges that arise in the commercial exploitation of the Australian Bush Tomato, Solanum centrale, and its horticultural development, are reviewed and the approaches to their resolution are discussed.


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