scholarly journals Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective

2018 ◽  
Vol 2 (1) ◽  
pp. 110
Author(s):  
Dwi Tiara Kurnilasari ◽  
Annalisa Yahanan ◽  
Rohani Abdul Rahim
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Vital Role ◽  
Financial Benefit ◽  
Documentation System ◽  
Knowl Edge ◽  
Protection Method ◽  
Knowledge Protection ◽  
Tion System

Indonesia is a fertile place for traditional knowledge with more than 300 ethnical group inhabitants. Therefore, it is not surprising to know that Indonesia has the enormous potential of tradi-tional knowledge. However, Indonesia is still has some problems in legal framework to protect it. The research applies doctrinal research method. The problems that will be discussed in this article is what type of traditional knowledge documentation system that used in Indonesia and how it is performed in order to protect traditional knowledge. There are few goals from this research which are to find out about Indonesia's traditional knowledge documentation system and to compare it with other countries that also use documentation as the protection method. As a result, traditional knowledge documenta-tion system used in Indonesia is external registries which are done by parties outside the indigenous communities (Government, Academist, and NGO) and the information about traditional knowledge is placed in public domain. Even though it has not perfectly documented like India's Traditional Knowl-edge Digital Library, Indonesia has documented few of its traditional knowledge such as Songket pat-tern that belongs to South Sumatera. It could be summarized that traditional knowledge documenta-tion has a vital role as one of the most practical methods to perform traditional knowledge protection. In order to protect traditional knowledge, these documented activities need to be enhanced so it could give the financial benefit to indigenous communities as its owner.

Biopiracy of Plant Resources and Sustainable Traditional Knowledge System in Africa

2019 ◽  
Vol 8 (2) ◽  
pp. 162-181
Author(s):  
Patrick Agejoh Ageh ◽  
Namrita Lall
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Knowledge System ◽  
New Drugs ◽  
Plant Resources ◽  
For Profit ◽  
Pharmaceutical Firms ◽  
Patent Rights ◽  
Traditional Knowledge System

The relationship between plant resources and traditional communities in Africa is inseparable. For centuries, indigenous communities have been depending on their cultural innovations and practices for health and food. Plant resources are part of the traditional knowledge system of indigenous communities in Africa. Colonialism and the scramble for Africa led to plant resources being opened to bioprospecting by western scientists and multinational pharmaceutical firms. They engage in secluded locations around Africa in order to find ‘new drugs from exotic plants’ for profit-making or patent rights. The advent of technology has witnessed a lot of illegal exploitation and commercialization of plant resources (biopiracy). The traditional knowledge system is being eroded with disregard to the welfare of the owners of the knowledge to sustainably manage it. The paper looks at the challenges, the existing legal framework to appreciate if it’s adequate to ensure the sustainability of the traditional knowledge system in Africa.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

scholarly journals Traditional forest-related knowledge and agrobiodiversity preservation: the case of the chagras in the Indigenous Reserve of Monochoa (Colombia)

2021 ◽  
Author(s):  
Maria Alejandra Hernandez Marentes ◽  
Martina Venturi ◽  
Silvia Scaramuzzi ◽  
Marco Focacci ◽  
Antonio Santoro
Keyword(s):  
Biodiversity Conservation ◽  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Agroforestry Systems ◽  
Local Communities ◽  
Indigenous Populations ◽  
Governance System ◽  
Nature Protection ◽  
Wild Fruits ◽  
Deep Relationship

AbstractChagras are complex agroforestry systems developed by indigenous populations of the Amazon region based on shifting agriculture, as part of a system that includes harvesting of wild fruits and plants, hunting and fishing. During the centuries, thanks to their traditional knowledge, indigenous populations have developed a deep relationship with the surrounding environment, as, living in remote places, they must be self-sufficient. The result is the chagra, a system whose cycle is based on seven basic steps to establish a successful and sustainable system, starting from place selection and ending with the abandonment of the plot after harvesting of the products. After the abandonment, the forest starts to grow again to allow the agroecosystem to recover and to take advantage of the residual vegetal material to avoid erosion. The paper takes into consideration the Indigenous Reserve of Monochoa in Colombia as an example of how traditional knowledge can support a rich biodiversity conservation. Moreover, differently from other parts of the world where there is a growing contrast between indigenous communities and protected areas, in the Indigenous Reserve of Monochoa local communities have been recognized as the owners of the land. Results highlighted the crucial role of the indigenous communities for biodiversity conservation. The preservation and adaptation of traditional knowledge and practices, a decentralized autonomous governance system demonstrates that local communities not only can be part of ecosystems with unique biodiversity, but that they can represent the main actors for an active conservation of biodiversity. Agroforestry systems based on traditional forest-related knowledge can therefore be an effective alternative to biodiversity and ecosystem services conservation based on strict nature protection where humans are perceived as a negative factor.

scholarly journals ETHNO-ECOLOGICAL STUDIES ON THE MEDICINAL PLANTS OF WESTERN GHATS REGION WITH SPECIAL REFERENCE TO VALPARAI TRIBES

2014 ◽  
Vol 1 (2) ◽  
pp. 68-71
Author(s):  
Nithya Jeniffer P ◽  
Manish Kumar ◽  
Logan Kumar K
Keyword(s):  
Medicinal Plants ◽  
Traditional Knowledge ◽  
Threatened Species ◽  
Western Ghats ◽  
Tamil Nadu ◽  
Indigenous Communities ◽  
Survey Method ◽  
Ecological Studies ◽  
Tribal Communities ◽  
Breeding Technology

Traditional knowledge on plant has a long-standing history in many indigenous communities, and continues to provide useful tools for treating various diseases. Tribal communities living in biodiversity rich areas possess a wealth of knowledge on the utilization and conservation of food and medicinal plants. They are well versed in the usage of plant for treating various diseases. The present study carryout by survey method aimed to identifying the plants used for the general health of the tribal communities such as Kadar, Muthuvar and Malai Malasars of Western Ghats region. Ethno medicinal information was gathered throughquestionnaire from the majority of tribal people of Valparai hills Coimbatore, Tamil Nadu. All the traditional and other knowledge related to the collection and consumption of the medicinal plants, their environment on which communities depends was documented. The present study observed that, the tribal peoples from valparai having knowledge of 29 species on the traditional medicine. These tribes are one of the major conservators of environments. Their traditional knowledge can be utilized for the breeding technology of variety of threatened species and develop for the biodiversity conservation as well as for pharmacological research in various dimensions.

scholarly journals Indigenous People and Their Traditional Knowledge on Tropical Plant Cultivation and Utilization: A Case Study of Murut Communities of Sabah, Borneo

2015 ◽  
Vol 3 (1) ◽  
pp. 117-128
Author(s):  
Nur Muhammed ◽  
Theresa Antonia Muthu
Keyword(s):  
Traditional Knowledge ◽  
Indigenous People ◽  
Low Income ◽  
Daily Life ◽  
Group Discussion ◽  
Household Survey ◽  
Indigenous Communities ◽  
Fuel Wood ◽  
High Dependency ◽  
Plant Utilization

This study was conducted in Murut indigenous people inhibited two villages of Keningau district of Sabah Borneo which is blessed with vast cultural diversities. In this regard, 120 randomly selected households from the Nabaai and Gana tribes of Murut community were investigated with a view to identify their homestead plants, use pattern and also their Traditional Knowledge on plant utilization. Five major research tools (e.g., review of secondary information, key Informant interview, household survey with semi-structured questionnaire and focus group discussion) was employed in this study. It is found that the plant species found in the homestead of the Nabaai and Gana tribes are utilized for three main reasons i.e., i) food production, ii) medicine, and iii) fuel wood. There are 23 utilization pattern has been identified in this study which is much lesser than what was found a decade ago (68 utilization). The Nabaai and Gana tribes practice Traditional Knowledge in their daily life especially, in medicinal plant utilization. The findings also show that most of the Traditional Knowledge on plant utilization is lying with the respondents with low income group (59%) because of their high dependency on utilization of the surrounding resources in their daily life. Appropriate steps to preserve and conserve the Traditional Knowledge on plant utilization possessed and practiced by the Murut indigenous communities are deemed necessary before this huge nature treasure is forgotten.

scholarly journals Cannabis, Reconciliation, and the Rights of Indigenous Peoples: Prospects and Challenges for Cannabis Legalization in Canada

2019 ◽  
Author(s):  
Konstantia Koutouki ◽  
Katherine Lofts
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Legal Framework ◽  
New Era ◽  
Real Risk ◽  
Inuit Peoples

The provisions of the federal Cannabis Act came into force on 17 October 2018, opening a new era of cannabis management in Canada. We examine cannabis in Canada through the lens of reconciliation and the rights of First Nations, Métis, and Inuit peoples. There is potential for Indigenous communities to benefit from cannabis legalization, but also a very real risk that the new legal framework will simply perpetuate existing injustices. We show that the new legislation is inadequate both in terms of lack of consultation with Indigenous communities, as well as in terms of substantive provisions — and omissions — in the legislation itself.

Sign in / Sign up

Export Citation Format

Share Document