Protecting the Right to Exist as a People: Intellectual Property as a Means to Protect Traditional Knowledge and Indigenous Culture (original) (raw)
Related papers
Intellectual Property and the Protection of Indigenous Knowledge Generally
It is virtually impossible to look at modern America without seeing vestiges of Native American cultural, social, artistic, and political influence. In many cases, these things have become so interwoven with the fabric of American culture that it may be difficult for some to realize that America and Americans did not invent them. In fact, much of the core of American consciousness has as its foundation Native American building blocks. However, that does not make it alright to appropriate all things indigenous as common cultural property simply because certain aspects of indigenous culture have become so fused with our larger culture that we no longer recognize them as indigenous in origin. It is the position of this paper that certain indigenous knowledge deserves and requires legal protection as intellectual property from misappropriation by the larger culture.
Intellectual Property and Indigenous Knowledge
International Encyclopedia for Social and Behavioral Science
This article aims to give both an overview as well as to develop certain critical thinking tools that can help a reader engage with the complexity and diversity of Indigenous knowledge and intellectual property rights. It considers the cultural speci-ficity of intellectual property law as well as looking at sites of contemporary struggle. Embedded in the article are questions of knowledge and power as well as how historical legacies of colonialism continue to affect the way we interpret the world and its cultures. The article also raises questions about legal authority and the way frameworks for participation and interpretation in legal contexts are produced and made available to parties that have been marginalized from such spaces.
Intellectual Property and Indigenous/Traditional Knowledge: Issues Paper
ii ing and emerging knowledge management approaches. Indigenous knowledge can no longer be considered a raw-resource from which others benefit. Indigenous people are asking for their cultural systems and ways of governing knowledge access and use to be recognized as legitimate, and to be respected as custodians/owners/nurturers of knowledge that is valuable within and beyond indigenous contexts.
Indigenous/ Traditional Knowledge and Intellectual Property
Duke University School of Law, 2010
The relationship between Indigenous/traditional knowledge and intellectual property law is a complicated contemporary legal problem. Questions around indigenous knowledge protection present issues unlike any other that intellectual property law has had to consider.
Intellectual property and indigenous culture
2018
This special issue of the Griffith Law Review focuses on Intellectual Property and Indigenous Culture. The first article in this issue, Christine Morris's 'A Full Law', introduces an idea which informs, to varying degrees, most of the other contributions collected here. Morris argues that conflict or friction between Indigenous and non-Indigenous Australians in a range of areas could be assuaged by a greater accommodation between the principles of Indigenous law and those of the common law system. Indigenous laws are organised around the principles of reciprocal obligation, respect and custodianship. The role, rights and responsibilities of the indi\ idual are understood as being subordinate to. considerate of and conditional upon the well-being of the Land and of every aspect of life on Earth. Morris argues that Indigenous law is a 'full law' because it is guided by and responsive to 'the spiritual realm'. In Morris's formulation, the common law system is, by contrast, only a 'half law' because it is only concerned with 'the seen reality'. But the common law collides with Indigenous law, Indigenous people and 'unseen reality' daily in Australia. The articles that follow illustrate man\ such entanglements in the production and reproduction, use and exchange of Indigenous art, intellectual and cultural property. Historically, non-Indigenous systems and institutions of knowledge management, regulation, governance, ethics of conduct or practice in law and commerce have been inadequately and often inconsiderately engaged with Indigenous laws and practices. Consequently, they often deal imperfectly with the most important issue for Australians today: how do we live together in this place? To understand and come to terms with ourselves in this place-Australianon-Indigenous people need to acknowledge that there is much to be gained from the coexistence of Indigenous and non-Indigenous systems of law. In Morris's terms, to become a 'full law', the common law system must welcome and respect Indigenous traditions, beliefs, culture and law on its terms. Respectful coexistence is possible with the appropriate protocols in place for the negotiation of the relationship between Indigenous and non-Indigenous law.' Morris's point is that Indigenous intellectual and cultural property is knowledge, and Indigenous law is a system of knowledge managementprimarily about how to care for the Land, and be guided by its spirits and
Deakin Law Review, 2007
This article highlights the fundamental importance of implementing both national and regional measures to protect indigenous intellectual property rights. The development of such measures provides countries with an opportunity to protect their traditional knowledge. The measures will be implemented according to each country’s unique level of economic development. In particular, laws can be developed that are sensitive to, and take specific account of, the cultural, social, political and economic diversity of the enacting countries. In light of these issues, this article concludes that national and regional integration provides an excellent opportunity for furthering national and regional collaboration, harmonising policies, and synchronising interventions across borders. It finally argues that effective and instrumentally beneficial national and regional mechanisms are more likely to succeed in states with similar cultures, economies, and ecology.