Rights to the Benefits of Research: Compensating Indigenous Peoples for their Intellectual Contribution

1997 ◽  
Vol 56 (2) ◽  
pp. 127-137 ◽  
Author(s):  
Fundación Indígena (FSI) ◽  
Brij Kothari
Keyword(s):  
Intellectual Property ◽  
Medicinal Plants ◽  
Indigenous Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Research Process ◽  
Local Communities ◽  
Ethical Guidelines ◽  
Self Reflection ◽  
Written Form

Research on indigenous knowledge has resulted in innumerable benefits to the Outsider(s). Indigenous peoples should be compensated in return. This article argues for integrating compensation and empowerment into the heart of the research process itself rather than viewing them as post-project undertakings. "Rights to the Benefits of Research" (RBR) is proposed as a unifying term to coalesce ideas of compensation for benefits to the Outsider(s) obtained from a noncommercial research process. In contrast, compensation of indigenous peoples via "Intellectual Property Rights" (IPR) is seen as predicated primarily upon commercial benefits. A strategy to implement RBR based on ethical guidelines and indigenous peoples' empowerment is suggested. A participatory ethnobotanical research project conducted in Ecuador serves to illustrate benefits for which compensation would fall under RBR but not IPR. The project involved the local communities in documenting their oral knowledge of medicinal plants in a written form, primarily for themselves. It is assessed along extractive, compensatory, and empowering tendencies through post-project self-reflection. The article posits that the conservation of indigenous knowledge for and by the local peoples could have positive implications for protecting their intellectual property from predations by the Outsider(s).

scholarly journals Forbidding the Tragedy of Commons; Conserving Indigenous Knowledge through Indigenous Peoples and Local Communities Entitlement for Future Generations from the Perspectives of Intergeneration Justice

2018 ◽  
Vol 7 (3.30) ◽  
pp. 99
Author(s):  
Al-Hanisham Mohd Khalid ◽  
Rohaida Nordi ◽  
Safinaz Mohd Hussein
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Future Generations ◽  
The Core ◽  
Core Issues

Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade. The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This paper aims to highlight the issues of conserving indigenous knowledge since indigenous knowledge does not belong to one generation but all generations. Discussion will embark on from the perspective of intellectual property jurisprudence through the works of Henry Reynolds, James Tully and Will Kymlicka. The outcome of this paper demonstrates promising thought into the role of intergeneration justice in protecting indigenous peoples in Malaysia. It is the contention of this paper that perhaps such conditions could apply to traditional knowledge too in addressing the plight of indigenous peoples. 

scholarly journals A Review of intellectual property rights: The weak link with the African Traditional knowledge

2021 ◽  
Vol 7 (4) ◽  
pp. 1-11
Author(s):  
Jonai Wabwire
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Weak Link ◽  
Local Communities ◽  
International Level ◽  
Cultural Participation ◽  
Governmental Organizations

Protecting traditional knowledge (TK) has been acknowledged in various discussions under the umbrella of a number of inter-governmental organizations that deal with biodiversity, the environment, indigenous peoples’ rights, human rights, among others. It has, however, been difficult to arrive at a consensus on the proper modality that can serve the needs and desires of Indigenous and Local Communities (ILCs) in their economic and cultural participation. The paper examines the requirements for the protection of TK and explores the modalities of TK protection at the international level for regulating the control of, access to and utilization of biodiversity associated with it. It is argued that any modality of TK protection should incorporate defensive and positive protection that address gaps in protecting TK. Protection of TK should, therefore, involve identifying different modalities, including those based on Intellectual Property, to fit the nature and use of TK in particular contexts. The paper makes a case for a shift in strategy for protecting TK by adopting pluralistic modalities that address the protection needs of ILCs, depending on the purpose and the context in which the knowledge is practiced.

scholarly journals Legitimacy of Indigenous Intellectual Property Rights’ claims

2016 ◽  
Vol 1 (1) ◽  
pp. 165-190
Author(s):  
Wanjiku Karanja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Indigenous Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Knowledge Systems ◽  
Indigenous Knowledge Systems ◽  
Access To Knowledge ◽  
Traditional Cultural Expressions ◽  
Wide Usage

The notions of indigenous peoples, indigenous knowledge, and heritage and culture have acquired wide usage in international debates on sustainable development and intellectual property protection since the turn of the 20th century. This paper, through an examination of the concept of intellectual property and its intersection with culture and heritage, elucidates the nature and scope of indigenous intellectual property rights as represented by traditional knowledge, traditional cultural expressions and genetic resources. This paper, through a review of the interface between indigenous knowledge systems and the intellectual property law regime, illustrates the limitations of conventional intellectual property rights systems i.e.: copyright, patent, trade secrets and trademark in providing adequate recognition and protection for indigenous intellectual property rights. It also posits that the establishment of a sui generis system of protection offers a plausible solution to the inadequacy of the existing regimes of protection. This paper ultimately seeks to illustrate indigenous people’s legitimate rights to control, access and utilize in any way, including restricting others’ access to, knowledge or information that derives from their unique cultural histories, expressions, practices and contexts, towards the creation of a better society.

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 Indigenous Knowledge and Practices on Medicinal Plants Used by Local Communities of Gambella Region, South West Ethiopia

2019 ◽  
pp. 1-14
Author(s):  
Jemberu Alemu Megenase ◽  
Ketema Tilahun Gelaye ◽  
Prem Kumar Dara
Keyword(s):  
Medicinal Plants ◽  
Indigenous Knowledge ◽  
Group Discussion ◽  
Local Communities ◽  
Chemical Extraction ◽  
Traditional Use ◽  
Traditional Medicines ◽  
South West ◽  
Informants Consensus Factor ◽  
South West Ethiopia

Indigenous knowledge and practices on medicinal plants used by local communities of Gambella region, south west Ethiopia was conducted to investigate those potential and popular medicinal plants used for the treatment of various diseases in Gambella region. A total of 100 purposively selected inhabitants were employed in the study of which 84 were male and 16 were females. A traditional use of plants information was obtained by semi structured oral interviews from experienced rural elders, Focus group discussion and through questionnaire administered to traditional herbal medicine practitioners of the study area. 81 medicinal plants were identified for the traditional treatment of both human (25) and animal (16) disease. The highest numbers of medicinal plants for traditional uses utilized by this community were belonging to shrubs 30(37.03%) followed by trees (32.10%). The result reviled that 15.2% of the remedies are prepared from root part and squeezing accounts 17(20.99%) followed by chewing 14(17.28%). The major routs of administration of traditional medicines were reported oral 50(61.73%). Urine, placental retention and milk let down accounts higher informants’ consensus factor value (0.96). The findings showed that sheferaw and leele have higher fidelity level which is 100 and 92 respectively. Various factors were recorded as the main threats of medicinal plants in the study area. In conclusion, the community carries a vast knowledge of medicinal plants but this knowledge is also rapidly disappearing in this community. Such type of ethno-botanical studies will help in systematic documentation of ethno-botanical knowledge and availing to the scientific world plant therapies used as antivenin by the Gambella community and further research on plant species identification and chemical extraction is recommended.

scholarly journals Medicinal Plants Used for Treating Human and Livestock Ailments in Tiyo District, Arsi Zone of Oromia, Ethiopia

2020 ◽  
Author(s):  
Misbahu Aman ◽  
Zemede Asfaw ◽  
Gemedo Dalle
Keyword(s):  
Medicinal Plants ◽  
Indigenous Knowledge ◽  
Cultural Values ◽  
Group Discussion ◽  
Structured Interview ◽  
Traditional Healers ◽  
Local Communities ◽  
Herbal Remedies ◽  
Preference Ranking ◽  
Healthcare Needs

Abstract Background Systematic documentation and promotion of indigenous knowledge associated with medicinal plants are limited. The aim of this study was to undertake ethnobotanical investigation on medicinal plants used for the treatment of human and livestock ailments and document indigenous knowledge of local communities on the preparation and administration of herbal remedies in the study area. Methods The study involved 153 informants from nine kebeles, comprising traditional healers, knowledgeable elders and local user communities. Various ethnobotanical techniques were used to collect and analyze data: semi- structured interview, guided field walk, group discussion, preference ranking, and fidelity level index. Data was analyzed using descriptive statistical analysis. Results Local communities had rich and diverse indigenous knowledge on medicinal plants, types of ailments, methods of remedy preparations and routes of applications. There were differences in this indigenous knowledge across age and sex. A total of 83 medicinal plants were documented during this study. Fifty two (62.65%) plants were used for treating human ailments, 20 species (24.10%) for treating health problems of livestock and the remaining 11 (13.25%) for treating both human and livestock ailments. The highest informant consensus was documented for the plants Allium sativum , Asparagus africanus and Azadirachta indica. Leaves were the most commonly used parts of medicinal plants accounting for 51.81% of the total followed by roots (20.48%) and barks (2.41%). Oral administration of the herbal medicine was the dominant route 66.3%, followed by dermal (22.7%) which included washing, holding on, rubbing and brushing. Smoking (8.5%) was also important. It was documented that 27 species (32.5%) were used in fresh, 13 species (15.7%) dried and 43 species (51.8%) either in dry or fresh state. Conclusion Owing to their access, curing ability, manageable charges, existence of deep indigenous knowledge and other associated cultural values, medicinal plants continued to play a significant role in meeting healthcare needs of the community in the study area. Conservation and sustainable use of the diverse medicinal plants need to be promoted. Systemic documentation and protection of the rich knowledge of local communities and further research on selected potential species was recommended as a result of this study.

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.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

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