scholarly journals Māori Intellectual Property Rights and the Formation of Ethnic Boundaries

2009 ◽  
Vol 16 (3) ◽  
pp. 341-355 ◽  
Author(s):  
Toon van Meijl
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cultural Appropriation ◽  
Way Of Life ◽  
Cultural Elements ◽  
Native Flora ◽  
Ethnic Boundaries ◽  
Waitangi Tribunal

AbstractThis article questions and contextualizes the emergence of a discourse of intellectual property rights in Māori society. It is argued that Māori claims regarding intellectual property function primarily to demarcate ethnic boundaries between Māori and non-Māori. Māori consider the reinforcement of ethnic boundaries necessary since they experience their society and distinctive way of life as endangered both by the foreign consumption or misappropriation of aspects of their authentic cultural forms and by the intrusion of foreign cultural elements. Following Simon Harrison (1999) it is argued that the first threat is often represented as an undesired form of cultural appropriation, piracy or theft, while the second threat is viewed as a form of cultural pollution. This argument is elaborated with a case-study of each so-called danger, namely a claim regarding native flora and fauna submitted to the Waitangi Tribunal, which is considered as an example of resistance against cultural appropriation, and the increasing hostility of Māori to foreign interest and research in Māori culture and society, which is analysed as an example of opposition to putative pollution.

Changing Global Norms through Reactive Diffusion

2012 ◽  
Vol 77 (5) ◽  
pp. 831-853 ◽  
Author(s):  
Nitsan Chorev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Negotiations ◽  
Reactive Diffusion ◽  
International Agreement ◽  
Global Norms ◽  
Aids Drugs ◽  
Original Interpretation

This article explores conditions under which global norms change. I use a case study in which the original interpretation of an international agreement on intellectual property rights was modified to address demands for improved access to affordable AIDS drugs. Conventional theories that focus on international negotiations cannot fully account for the events in this case. Drawing on the theory of recursivity and insights from the literature on diffusion, I suggest that shifts in global norms occur through reactive diffusion of policies across states. Experiences accumulated in this ongoing process of reinvention eventually lead to a new, globally accepted reinterpretation of the original obligation.

Intellectual Property Rights for Maize Varieties of India: A Case Study

2015 ◽  
Vol 15 (2) ◽  
pp. 295
Author(s):  
Jyoti Kaul ◽  
Ramesh Kumar ◽  
Usha Nara ◽  
Om Prakash ◽  
P.K. Singh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Maize Varieties

Digital Rights Management and E-Commerce Transactions

2009 ◽  
pp. 214-242
Author(s):  
Dimitrios P. Meidanis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Digital Rights Management ◽  
Electronic Trade ◽  
Digital Rights ◽  
Organizational Challenges ◽  
Rights Management

This chapter investigates intellectual property rights clearance of as part of e-commerce. Rights clearance is viewed as another online transaction that introduces certain technological and organizational challenges. An overview of the current intellectual property rights legislation is used to describe the setting in which business models and digital rights management systems are called to perform safe and fair electronic trade of goods. The chapter focuses on the technological aspects of the arising issues and investigates the potentials of using advanced information technology solutions for facilitating online rights clearance. A case study that presents a working online rights clearance and protection system is used to validate the applicability of the proposed approaches.

Policy on Protection of Cultural Heritage through Communal Copyright in Supporting Sustainable Tourism

2020 ◽  
Vol 11 (4) ◽  
pp. 920
Author(s):  
Ni Luh Made MAHENDRAWATI
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Sustainable Tourism ◽  
Integrated Model ◽  
Way Of Life ◽  
Close Attention ◽  
Protection Of Cultural Heritage

Tourism has become a prevalent discourse in Indonesia, considering that in the last few years, Tourism has become the highest contributor to the commodity revenue line. Paying close attention to the integration of tourism certainly involves multidiscipline in it so that efforts to develop tourism require integrated efforts from various parties as well as multidiscipline. It is essential to realize that the attractions of tourism in Indonesia can consist of everything that has a uniqueness, beauty, and value in the form of the diversity of natural, cultural, and human-made diversity. In real terms, it can be observed that cultural heritage is one of the valuable assets owned by a country (Indonesia) in supporting the development of tourism. Culture is a way of life that develops, is shared by a group of people, and is passed down from generation to generation. The culture referred to is the result of reason and reason, so that philosophy can be understood as originating from nothing, then thought by reason and ideas, then becoming. The process of creating a culture can logically be protected by Intellectual Property Rights (Copyright). During this time, the copyright-protected in Indonesia based on Law Number 28 of 2014 concerning Copyright is an Individual Right. It is understood that the copyright needed to protect cultural heritage is communal rights. How to regulate and apply copyright protection Communal communities will be studied more deeply so that there is a comprehensive and integrated model for protecting cultural heritage in Indonesia.

scholarly journals Revisiting the Debate on Intellectual Property Rights and Traditional Knowledge of Biodiversity: Accommodating Local Realities and Perspectives

2012 ◽  
Vol 3 (4) ◽  
Author(s):  
Ujjal Kumar Sarma ◽  
Indrani Barpujari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Communities ◽  
Developed Countries ◽  
Social Contexts ◽  
Practical Capacity ◽  
Northeastern State

The international and national debates and developments on the applicability of an intellectual property rights regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless, this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective international framework, and alleged lack of will on the part of developed countries. The paper argues that the possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social contexts in which local and Indigenous communities find themselves today. Using a field-based case study of an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.

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