Journal articles: 'Indigenous intellectual property rights'

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Karanja, Wanjiku. "Legitimacy of Indigenous Intellectual Property Rights’ claims." Strathmore Law Review 1, no. 1 (January 1, 2016): 165–90. http://dx.doi.org/10.52907/slr.v1i1.88.

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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.

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Yamin, Farhana, and Darrell Posey. "Indigenous Peoples, Biotechnology and Intellectual Property Rights." Review of European Community and International Environmental Law 2, no. 2 (June 1993): 141–48. http://dx.doi.org/10.1111/j.1467-9388.1993.tb00104.x.

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Bhagirathy, Aparna. "Reports Indigenous Knowledge and Intellectual Property Rights." Review of Development and Change 6, no. 2 (December 2001): 335–40. http://dx.doi.org/10.1177/0972266120010216.

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Hossain, Kamrul. "Human Rights Approach to the Protection of Traditional Knowledge: An Appraisal of Draft Nordic Saami Convention." Yearbook of Polar Law Online 4, no. 1 (2012): 313–40. http://dx.doi.org/10.1163/22116427-91000096.

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Abstract Traditional knowledge offfers significant contribution to the intellectual creations. While authors of intellectual creations are protected within the intellectual property rights regime, the authors of traditional knowledge, however, are not. Intellectual property rights regime offfers certain exclusive rights over the innovations of private authors leaving holders of traditional knowledge aside. Given the collective nature of knowledge held traditionally by a community, and unknown in the intellectual property rights system, traditional knowledge faces complexity to be included within the existing intellectual property rights system, and hence, demands alternative protection regime. This article argues human rights approach as an alternative protection regime for the traditional knowledge – the knowledge mostly held by the indigenous communities. The article examines specific human rights provisions embodied in the international bill of human rights pertaining to both right to enjoy a culture and right to enjoy ‘moral and material’ interests arguing that traditional knowledge form a part of culture, and that such culture-oriented right generates economic interests akin to that of intellectual property right system, albeit within the framework of human rights. While the Saami are the indigenous people holding diverse traditional knowledge of great importance, the article also addresses the specific provisions of the Draft Nordic Saami Convention in order to examine how efffectively the Saami’s traditional knowledge right is protected within the regime of human rights.

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Janke, Terri. "Indigenous Knowledge & Intellectual Property: Negotiating the Spaces." Australian Journal of Indigenous Education 37, S1 (2008): 14–24. http://dx.doi.org/10.1375/s1326011100000338.

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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.

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Kennedy, Ann-Marie, and Gene R. Laczniak. "Indigenous intellectual property rights: Ethical insights for marketers." Australasian Marketing Journal (AMJ) 22, no. 4 (November 2014): 307–13. http://dx.doi.org/10.1016/j.ausmj.2014.09.004.

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Posey, Darrell. "Intellectual Property Rights: And Just Compensation for Indigenous Knowledge." Anthropology Today 6, no. 4 (August 1990): 13. http://dx.doi.org/10.2307/3032735.

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Batt, Fiona. "Ancient indigenous deoxyribonucleic acid (DNA) and intellectual property rights." International Journal of Human Rights 16, no. 1 (January 2012): 152–72. http://dx.doi.org/10.1080/13642987.2011.622718.

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Picart, Caroline Joan S., Caroline Joan S. Picart, and Marlowe Fox. "Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I." International Community Law Review 15, no. 3 (2013): 319–39. http://dx.doi.org/10.1163/18719732-12341255.

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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.

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Blakeney, Michael. "Communal Intellectual Property Rights of Indigenous Peoples in Cultural Expressions." Journal of World Intellectual Property 1, no. 6 (November 1, 2005): 985–1002. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00045.x.

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Koivurova, Timo. "Property Rights, Indigenous People and the Developing World: Issues from Aboriginal Entitlement to Intellectual Ownership Rights." International Journal on Minority and Group Rights 17, no. 1 (2010): 187–95. http://dx.doi.org/10.1163/157181110x12595859744321.

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AbstractThis book review essay will employ David Lea's interesting ideas over how indigenous and traditional societies should relate themselves to economic globalisation for self-reflection regarding how we international legal scholars in general approach indigenous issues. Moreover, because Lea also outlines his views on how indigenous and traditional societies should improve their situation, it gives a good basis to think of an alternative model from the international legal viewpoint on how indigenous governance could be improved.

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Vermeylen, Saskia, George Martin, and Roland Clift. "Intellectual Property Rights Systems and the Assemblage of Local Knowledge Systems." International Journal of Cultural Property 15, no. 2 (May 2008): 201–21. http://dx.doi.org/10.1017/s0940739108080144.

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The mounting loss of the traditional knowledge of indigenous peoples presents environmental as well as ethical issues. Fundamental among these is the sustainability of indigenous societies and their ecosystems. Although the commercial expropriation of traditional knowledge grows, rooted in a global, corporate application of intellectual property rights (IPRs), the survival of indigenous societies becomes more problematic. One reason for this is an unresolved conflict between two perspectives. In the modernist view, traditional knowledge is a tool to use (or discard) for the development of indigenous society, and therefore it must be subordinated to Western science. Alternatively, in the postmodernist view, it is harmonious with nature, providing a new paradigm for human ecology, and must be preserved intact. We argue that this encumbering polarization can be allayed by shifting from a dualism of traditional and scientific knowledge to an assemblage of local knowledge, which is constituted by the interaction of both in a third space. We argue that IPR can be reconfigured to become the framework for creating such a third space.

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Msomi, Zuziwe, and Sally Matthews. "PROTECTING INDIGENOUS KNOWLEDGE USING INTELLECTUAL PROPERTY RIGHTS LAW: THE MASAKHANE PELARGONIUM CASE." Africanus: Journal of Development Studies 45, no. 1 (April 19, 2016): 62–77. http://dx.doi.org/10.25159/0304-615x/645.

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The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect indigenous communitiesâ€™ interests in regards to the use of IK and indigenous bio-resources. Some commentators believe that intellectual property rights (IPR) law can effectively be used to protect IK and indigenous bio-resources, while others are more sceptical. An analysis of the Masakhane Pelargonium case reveals that while the Masakhane communityâ€™s successful use of IPR law in a case against Schwabe Pharmaceuticals has been lauded as a successful example of a marginalised community using IPR law to protect IK, the facts and results of the case are more ambivalent than they seem on first consideration. The paper discusses some of the factors affecting how beneficial IPR law can be in the protection of IK and indigenous bio-resources. Importantly, the Masakhane case shows that existing community resources and the level of mobilisation of the community affect the communityâ€™s ability to use IPR law effectively. The article suggests that we should neither be too quick to celebrate or to condemn the use of IPR law by indigenous communities and that a consideration of the broader context in which IPR law is used is required in order to determine how useful IPR law may be for a particular indigenous community seeking to protect its knowledge and bio-resources. In addition it also indicates we need to start recognising communities' existing resources and their determination to being more pivotal to the success of IK-IPR cases.

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Prażmowska, Karolina. "Misappropriation of Indigenous Cultural Heritage – Intellectual Property Rights in the Digital Era." Santander Art and Culture Law Review, no. 2 (6) (2020): 119–50. http://dx.doi.org/10.4467/2450050xsnr.20.013.13016.

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The digitization of cultural heritage has become a common practice among cultural and educational institutions. The Internet and the widespread of new technologies have made the heritage more accessible and facilitates cultural exchange. However, digitization both raises challenges and creates opportunities for the sustainable and appropriate treatment of Indigenous digital cultural heritage collections, as the use of new technologies may render such heritage more vulnerable to misappropriation and misuse. It is therefore vital to investigate the possibilities of Intellectual Property tools to protect, preserve, and promote such heritage. This article addresses the following questions with respect the Indigenous heritage: What is the nature of the relationship between IP protection and the safeguarding of intangible heritage?; What are the consequences of misappropriation and misuse of traditional cultural expressions for Indigenous Peoples?; and What is the impact of digitization on Indigenous cultural heritage?

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Kurnilasari, Dwi Tiara, Annalisa Yahanan, and Rohani Abdul Rahim. "Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective." Sriwijaya Law Review 2, no. 1 (January 31, 2018): 110. http://dx.doi.org/10.28946/slrev.vol2.iss1.114.pp110-130.

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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.

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Burger, Julian, and Paul Hunt. "Towards the International Protection of Indigenous Peoples' Rights." Netherlands Quarterly of Human Rights 12, no. 4 (December 1994): 405–23. http://dx.doi.org/10.1177/016934419401200404.

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This article traces the development of indigenous peoples' international activity and considers why the international indigenous movement has grown since the 1970s. The authors examine the draft declaration on the rights of indigenous peoples which is due to be considered by the United Nations Commission on Human Rights for the first time in early 1995. The article makes some general points about the draft declaration before looking in some detail at three of its provisions: the right to protection from ethnocide and cultural genocide, the right to guarantees in relation to cultural and intellectual property, and the provision about treaties between indigenous peoples and States. The authors argue that although these provisions build on existing international law, they constitute an innovative evolution of international human rights standards.

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Stenson, Anthony J., and Tim S. Gray. "An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities." Environmental Ethics 21, no. 2 (1999): 177–90. http://dx.doi.org/10.5840/enviroethics199921230.

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Janke, Terri, and Livia Iacovino. "Keeping cultures alive: archives and Indigenous cultural and intellectual property rights." Archival Science 12, no. 2 (November 24, 2011): 151–71. http://dx.doi.org/10.1007/s10502-011-9163-0.

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Jackson, Jean. ": Intellectual Property Rights for Indigenous Peoples: A Source Book . Tom Greaves." American Anthropologist 97, no. 3 (September 1995): 594. http://dx.doi.org/10.1525/aa.1995.97.3.02a00310.

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McGonigle, Ian Vincent. "Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights." Journal of Law and the Biosciences 3, no. 1 (February 6, 2016): 217–26. http://dx.doi.org/10.1093/jlb/lsw003.

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McGonigle, Ian Vincent. "Patenting nature or protecting culture? Ethnopharmacology and indigenous intellectual property rights." Journal of Law and the Biosciences 4, no. 1 (December 1, 2016): 227. http://dx.doi.org/10.1093/jlb/lsw060.

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Tedlock, Barbara. "Indigenous Heritage and Biopiracy in the Age of Intellectual Property Rights." EXPLORE 2, no. 3 (May 2006): 256–59. http://dx.doi.org/10.1016/j.explore.2006.03.010.

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Picart, Caroline Joan S., Caroline Joan S. Picart, and Marlowe Fox. "Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II." International Community Law Review 16, no. 1 (February 3, 2014): 3–37. http://dx.doi.org/10.1163/18719732-12341269.

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Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

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von Lewinski, Silke. "Intellectual property protection of folklore." Focaal 2004, no. 44 (December 1, 2004): 35–47. http://dx.doi.org/10.3167/092012904782311272.

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The possible protection of indigenous cultural expressions has reemerged as a topic in international debates in recent years. This article provides a legal perspective on the topic. Existing copyright and neighboring right laws do not apply to such cultural expressions per se, since they do not fulfill the relevant criteria of protection. However, indirect protection is granted to those who record indigenous expressions onto phonograms, films, and photographs, and for those who collect or perform indigenous cultural expressions. Protection concerning authenticity is possible by way of trademarks (in particular collective marks and certification marks) and geographical indications. Particular rules about unfair competition may protect against the disclosure of confidential information. Works based on traditional cultural expressions are regularly protected by copyright. Following early (unsuccessful) attempts for international protection of traditional cultural expressions per se, new ways are currently being developed including sui generis protection regimes which integrate customary laws and practices. Any successful solution will have to be based on better mutual interest and understanding between indigenous peoples and Western users.

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Lewis, Jovan Scott. "Rights, Indigeneity, and the Market of Rastafari." International Journal of Cultural Property 24, no. 1 (February 2017): 57–77. http://dx.doi.org/10.1017/s0940739116000400.

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Abstract:This article is concerned with the ways in which discourses of rights serve to destabilize indigenous logics when used for gains in the market. It does so through examining a Rastafarian tour group who uses their participation in the tourism market to challenge what they believe are infringed cultural property rights. As a means of commercially defending these rights, the group employs a discourse of indigeneity. In this process, they have gained partial recognition from the World Intellectual Property Organization and increasing acknowledgement from the Jamaican government. However, while the basis of indigeneity strongly supports the case of intellectual and cultural property rights, this recognition ultimately further identifies the group, and Rastafari in general, with Jamaica.

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Branstetter, Lee. "Intellectual Property Rights, Innovation and Development: Is Asia Different?" Millennial Asia 8, no. 1 (April 2017): 5–25. http://dx.doi.org/10.1177/0976399616686860.

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For decades, economic policymakers in developing countries have resisted pressure to strengthen their intellectual property rights (IPR) systems. Many of them have pointed to the success of high-tech industries in Asia as confirmation of the view that keeping IPR systems weak at certain stages of economic development can function as an infant industry policy, stimulating the growth of technologically dynamic indigenous firms. This essay reviews recent econometric evidence on how changes in the IPR policy impact industrial development, and concludes that much of that evidence suggests that stronger IPR systems accelerate industrial development. The study then examines whether the lessons of Asia economic history really contradict that econometric evidence. The view presented here is that Asia is not really different. The current challenges faced by Asian firms in technologically dynamic industries suggest that long periods of industrial development under weak IPR systems can create problems that emerge in the longer run.

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Hepburn, Michelle Hak. "Protecting Intellectual Property Rights and Traditional Ecological Knowledge: A Critical Look at Peru's Law 27811." Human Organization 79, no. 1 (March 2020): 69–79. http://dx.doi.org/10.17730/0018-7259.79.1.69.

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The Peruvian government's Law N. 27811, an intellectual property law passed in 2002 and designed to register and protect traditional knowledge, provides productive opportunities for critical analysis. Framed within the trajectory of international intellectual property rights and discussions that complicate the integration of Traditional Ecological Knowledge (TEK) into Cartesian scientific frameworks, this paper critically examines how the Peruvian law has been implemented and its impacts in Indigenous communities, particularly in the Andean Amazon region. The analysis is based on the author's work assisting Indigenous communities in San Martin register their knowledge through this law. While the law represents an advanced legal attempt to address power inequalities, it remains problematic. It does not address the impoverishment of Indigenous Peoples and continues to subordinate Indigenous TEK to Cartesian science. Although it is a symbolic recognition of the value of Peruvian Indigenous Peoples, other mechanisms are still required to redress the long history of colonization and racism.

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Scheele, Sue. "Safeguarding seeds and Maori intellectual property through partnership." International Journal of Rural Law and Policy, no. 2 (April 4, 2016): 1–9. http://dx.doi.org/10.5130/ijrlp.i2.2015.4628.

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The Nagoya Protocol is a recent binding international instrument that articulates the need to recognise the rights of indigenous peoples regarding their biological resources and cultural knowledge and strengthens the mechanisms to do so. New Zealand has not signed this protocol because of the overriding importance of the Treaty of Waitangi in New Zealand’s domestic affairs, and the need to ensure that government options are not limited concerning the development of domestic policy on access to biological resources. In particular, policy makers and legislators are waiting for the government response to a 2011 Waitangi Tribunal report (Ko Aotearoa Tēnei) on a far-reaching and complex claim (WAI 262) concerning the place of Māori traditional knowledge, culture and identity in contemporary New Zealand law and government policies and practice. Especially pertinent to this paper is the report’s section on Māori rights relating to biological and genetic resources. In accordance with the recommendation within Ko Aotearoa Tēnei, the principle of partnership, built on the explicit Treaty premise of Crown and Māori as formal equals, is presented here as the overarching framework and mechanism by which government agencies and Māori can work together to safeguard such resources. Core concepts and values are elucidated that underpin the Māori relationship to indigenous flora and fauna and are integral to the protection of cultural knowledge of seeds and plants. Examples are given of plant species regarded as taonga (treasures) and how they are conserved, and a case study is presented of institutional stewardship of harakeke (New Zealand flax) weaving varieties. Seed bank facilities are also evaluated regarding their incorporation of Māori values and rights under the Treaty of Waitangi.

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Indígena (FSI), Fundación, and Brij Kothari. "Rights to the Benefits of Research: Compensating Indigenous Peoples for their Intellectual Contribution." Human Organization 56, no. 2 (June 1, 1997): 127–37. http://dx.doi.org/10.17730/humo.56.2.j63678502x782100.

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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).

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Young, Susan. "The Patentability of Maori Traditional Medicine and the Morality Exclusion in the Patents Act 1953." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 255. http://dx.doi.org/10.26686/vuwlr.v32i1.5898.

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Many indigenous peoples, including Maori, are offended by third parties 'appropriating' their traditional knowledge by means of intellectual property rights, such as patents. The author first surveys international debate about indigenous intellectual property rights in connection with the patenting of traditional indigenous medicine. The author examines the role of morality in New Zealand patent law and how this fits in with New Zealand's international obligations under the World Trade Organisation's TRIPs agreement and the Convention on Biological Diversity. The author examines whether the patenting of Maori traditional medicine can be prevented under the morality exclusion in the Patents Act 1953 and outlines five arguments which might be used to justify various levels of intervention in the patenting process in order to protect Maori control over their traditional knowledge.

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Hu, Debao, Zhengkai Liu, and Jing Zhao. "Will Intellectual Property Rights Policy Increase Foreign Direct Investment and Promote Technological Innovation?" Mathematical Problems in Engineering 2021 (January 27, 2021): 1–11. http://dx.doi.org/10.1155/2021/6672060.

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In this paper, we discuss the effects of intellectual property rights (IPRs) on FDI and indigenous innovation and the overall effects of IPR on the Southern and Northern countries. Our model predicts that tighter IPR is good for FDI and indigenous innovation; however, the effects vary according to the initial resource endowment such as skill level and absorptive capacity. By a game theory model, we also find that tighter IPR benefits both sides if the innovation is the common knowledge to both players, and it improves indigenous innovation and welfare in a short term, but they will emerge in the long run. We also discuss the further direction to an empirical study. Finally, we make the following conclusion: IPR is part of business environment, and tighter IPR in progress is good for boosting welfare of both sides. It is time to build a better environment for IPR, but the cost of patent enforcement policy and the trade barrier must be taken into account.

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Kuppuswamy, Chamundeeswari. "The Ethics of Intellectual Property Rights: The Impact of Traditional Knowledge and Health on International Intellectual Property Law." Asian Medicine 5, no. 2 (2009): 340–62. http://dx.doi.org/10.1163/157342109x568847.

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This article addresses issues at the interface of public international law and international intellectual property law, and argues that developing countries interests’ will be better protected by the proposed amendment of Article. 31 of the TRIPS Agreement and by the ongoing efforts to elaborate a legal instrument for the protection of traditional knowledge, both of which extend and deepen the special and preferential treatment of developing countries. The issue of protection of traditional knowledge has not only made inroads into treaties (via the proposal to amend TRIPS to include disclosure of origin and prior informed consent—Article. 29 bis), but it has also introduced alternatives to foundational intellectual property law principles relating to term of protection and exclusive rights. The ongoing work programme of the World Intellectual Property Organisation’s Genetic Resources, Traditional Knowledge and Folklore committee shows potential for the formulation of an international instrument for the protection of traditional knowledge through recognition of the rights of indigenous peoples.

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Godbole-Chaudhuri, Pragati, Deepa Srikantaiah, and Justin van Fleet. "Indigenous Knowledge and Intellectual Property Rights: Confronting Modern Norms to Promote Sustainability." Diaspora, Indigenous, and Minority Education 2, no. 4 (October 17, 2008): 276–94. http://dx.doi.org/10.1080/15595690802352762.

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Zerbe, Noah. "Contesting Privatization: NGOs and Farmers' Rights in the African Model Law." Global Environmental Politics 7, no. 1 (February 2007): 97–119. http://dx.doi.org/10.1162/glep.2007.7.1.97.

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The development of the concept of farmers' rights in the Food and Agriculture Organization, and its adoption by the African Union as a counterbalance to the private property rights of plant breeders, highlights the divisiveness of the question of ownership in biodiversity and biotechnology. This article examines the development of the African Model Law, a regional regime intended to promote indigenous control over local biodiversity. The principal argument is that key nongovernmental organizations were able to draw on African efforts and concerns regarding conceptions of private property rights embodied in international agreements, framing the question of farmers' rights in a way that spoke to the African experience. Farmers' rights thus came to be a focal point for African negotiators at international discussions on intellectual property rights and biodiversity, enabling Africa to take a key role in the articulation of alternatives to the Trade-Related Intellectual Property Rights (TRIPs) Agreement.

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Mohd Khalid, Al-Hanisham, Rohaida Nordi, and Safinaz Mohd Hussein. "Forbidding the Tragedy of Commons; Conserving Indigenous Knowledge through Indigenous Peoples and Local Communities Entitlement for Future Generations from the Perspectives of Intergeneration Justice." International Journal of Engineering & Technology 7, no. 3.30 (August 24, 2018): 99. http://dx.doi.org/10.14419/ijet.v7i3.30.18210.

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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.

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O'Keefe, Patrick J. "First International Conference on the Cultural and Intellectual Property Rights of Indigenous Peoples." International Journal of Cultural Property 4, no. 2 (July 1995): 382–87. http://dx.doi.org/10.1017/s0940739195000385.

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Brush, Stephen B. "Indigenous Knowledge of Biological Resources and Intellectual Property Rights: The Role of Anthropology." American Anthropologist 95, no. 3 (September 1993): 653–71. http://dx.doi.org/10.1525/aa.1993.95.3.02a00060.

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Shiva, Vandana. "Recovering biodiversity." Social Change 31, no. 1-2 (March 2001): 21–37. http://dx.doi.org/10.1177/004908570103100204.

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‘Recover’ is a term used when something is lost. ‘Recovering Biodiversity’ in our view addresses two levels at which we are ‘losing biodiversity’. Biodiversity is getting lost through extinction and erosion with serious consequences for ecological balance and economic well being. It is also getting lost in terms of ownership and control through ‘Biopiracy’-the phenomenon of claiming property rights to biodiversity and its products through intellectual property rights regimes and patents based on indigenous and traditional knowledge.

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Das, Kaushiki. "The Global Quest for Green Gold: Implications of Bioprospecting and Patenting for Indigenous Bioresources and Knowledge." Society and Culture in South Asia 6, no. 1 (January 2020): 74–97. http://dx.doi.org/10.1177/2393861719883068.

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The article focuses on the commoditisation and appropriation of indigenous bioresources and knowledge under bioprospecting, as facilitated by the Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS has not only broadened the scope for patenting, including patenting of life forms, but also threatened to appropriate and not acknowledge contributions of indigenous communities. There is an asymmetrical economic and legal relationship between communities in the global South and corporates in the global North mediated by a host of institutions, including the states, with their own agendas. The promise of the patenting system is spurring the race for collecting bioresources and knowledge through bioprospecting agreements. As databases of plants used by indigenous communities are established, biological parks are created to sequester regions rich in genetic resources and profits are disproportionately distributed, bioprospecting agreements appear to have heralded a new kind of expropriation. The article critically analyses the ramifications of bioprospecting and subsequent patenting on indigenous community ownership rights over bioresources and knowledge. It also examines indigenous resistance; how communities have asserted their rights to culture as a property against corporate interventions.

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Barsh, RL. "How do you patent a landscape? The perils of dichotomizing cultural and intellectual property." International Journal of Cultural Property 8, no. 1 (January 1999): 14–47. http://dx.doi.org/10.1017/s0940739199770608.

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For a variety of conceptual, historical, and political reasons, contemporary international law distinguishes between 'natural' land forms, cultural monuments, movable cultural property, the performing arts, and scientific knowledge. Indigenous peoples do not make these distinctions. Rather, they tend to regard landscapes as inherently cultural products in which artworks, literature, performances, and scientific-knowledge systems are inextricably embedded. Scientific knowledge must periodically be rehearsed within the landscape in recitations and performances that remember the historical process by which people and their nonhuman kinfolk constructed the landscape. Detaching specific cultural or scientific 'objects' from the landscape and commodifying them, as is contemplated by most current proposals for protecting indigenous peoples' rights, will undermine the indigenous institutions and procedures necessary for perpetuating the quality and validity of local knowledge.

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McCune, Letitia M. "The Protection of Indigenous Peoples’ Seed Rights during Ethnobotanical Research." Ethnobiology Letters 9, no. 1 (July 11, 2018): 67–75. http://dx.doi.org/10.14237/ebl.9.1.2018.1076.

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Recognition of the importance of biodiversity for global food security and the community food sustainability movement has helped increase awareness of seed rights. International treaties created to ensure the world’s access to seed biodiversity address access to seed banks for breeding purposes. Ethnobotanists are often required to deposit research plant specimens with government seed banks or herbariums. If Indigenous Peoples’ plants are then used developing patented varieties, are their rights recognized? These rights depend upon recognition of Indigenous Peoples as plant breeders, prior informed consent (PIC) protocols, access and benefit sharing (ABS) agreements via material transfer agreements, and benefits returned to Indigenous and local communities per the Nagoya Protocol. To ensure such rights to genetic material and associated intellectual property rights, documentation of these agreements and links to the people and communities from which they originated needs to occur at first collection and throughout subsequent research, conservation, and breeding programs.

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Brölmann, Catherine. "M. A. Bengwayan, Intellectual and Cultural Property Rights of Indigenous and Tribal Peoples in Asia." International Journal on Minority and Group Rights 11, no. 3 (2004): 327–28. http://dx.doi.org/10.1163/1571811042801966.

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King, Steven R., Thomas J. Carlson, and Katy Moran. "Biological diversity, indigenous knowledge, drug discovery and intellectual property rights: creating reciprocity and maintaining relationships." Journal of Ethnopharmacology 51, no. 1-3 (April 1996): 45–57. http://dx.doi.org/10.1016/0378-8741(95)01349-0.

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Kariyawasam, Kanchana, and Scott Guy. "Intellectual Property Protection of Indigenous Knowledge: Implementing Initiatives at National and Regional Levels." Deakin Law Review 12, no. 2 (January 1, 2007): 105. http://dx.doi.org/10.21153/dlr2007vol12no2art222.

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<p>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.</p>

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Bicskei, Marianna, Kilian Bizer, and Zulia Gubaydullina. "Protection of Cultural Goods— Economics of Identity." International Journal of Cultural Property 19, no. 1 (February 2012): 97–118. http://dx.doi.org/10.1017/s0940739112000070.

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AbstractThis article addresses the current international debate on the protection of cultural goods. Whereas some groups (such as indigenous peoples) are arguing for the creation of cultural property rights analogous to classic intellectual property rights such as patent and copyright, most industrialized countries advocate to keep cultural goods within the public domain. In this article, we develop an economic perspective based on identity and clarify the question of which cultural goods should be protected, regulated, or left in the public domain. We conclude that protection based on the concept of identity is required for a very limited scope of cultural goods.

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Huang, Can. "Recent Development of the Intellectual Property Rights System in China and Challenges Ahead." Management and Organization Review 13, no. 1 (February 8, 2017): 39–48. http://dx.doi.org/10.1017/mor.2017.2.

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As Peng, Ahlstrom, Carraher, and Shi (2017) rightly noted, Intellectual Property Rights (IPR) protection in a country is not static. It evolves over time. Peng et al. (this issue) revealed through their historical analysis that during the 19th century, the US was not a leading IPR advocate but a leading IPR violator. It was only when indigenous inventors, authors, and organizations of the US emerged and demanded protection of their IPR in foreign countries in the late 19th century that the US passed the International Copyright Act (the Chace Act) in 1891 to extend IPR protection to foreign works. The US case illustrated that a country's IPR system as an institution evolves as its economy and society develop. If we examine this evolution over a relatively long time span, the change can be quite dramatic. Therefore, when reviewing a country's IPR system, an important question to be asked is in which direction the country's IPR system evolves.

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Robie, David. "Cell lines and commodities: The Hagahai patent case." Pacific Journalism Review : Te Koakoa 4, no. 1 (November 1, 1997): 78–91. http://dx.doi.org/10.24135/pjr.v4i1.622.

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In March 1995, the United States government issued a patent on a human cell line for an indigenous Hagahai man from the rainforests of Papua New Guinea. The US National Institutes of Health (NIH) were issued patent No. 5,397,696 by the Patent and Trademark Office (PTO), the first time that an indigenous person's cells have been patented. Critics saw this is a 'new and dangerous' era in intellectual property rights while even defenders conceded there are serious dilemmas embracing ethics, the law and the media.

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Ramadhan, Reza Aditya. "PROTECTION OF MELINTING DANCE AS HERITAGE CULTURE FROM LAMPUNG SOCIETY CUSTOM IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW SYSTEM." Indonesian Private Law Review 1, no. 1 (September 9, 2020): 23. http://dx.doi.org/10.25041/iplr.v1i1.2045.

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The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.

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Leal do Prado, Junior, André Luiz Gomes de Souza, Jose Maria Fernandez-Crehuet, and Antônio Martins de Oliveira Júnior. "Technological Forecasting of Traditional Knowledge Associated with Babassu." International Journal for Innovation Education and Research 8, no. 9 (September 10, 2020): 01–12. http://dx.doi.org/10.31686/ijier.vol8.iss9.2204.

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Babassu is a native palm tree from Brazil traditionally used by Indigenous Peoples (IP) and Traditional Communities (TC), in order to produce medicines applied in different treatments. Some of these medicinal applications have been scientifically analyzed in order to prove their pharmacological potentialities and have also been an object of interest for the protection of Intellectual Property Rights. The objective of this work was to carry out the technological forecasting of traditional knowledge associated with babassu related to the treatments applied by traditional medicine and to analyze the indicators connected with to the protection of Intellectual Property Rights. Initially, we conducted a survey of ethnobotanical and ethnopharmacological studies, presenting applications of babassu performed by traditional medicine. Subsequently, we presented a literature review, focused on analyzing the effects of babassu according to the practices of traditional medicine. Finally, we analyzed the records of filed patents made in World Intellectual Property Organization (WIPO), European Patent Office (EPO) and Latin American Base of the European Patent Office (LATIPAT) in relation to previously identified Traditional Knowledge Associated (TKA). There were different types of babassu applications used by traditional medicine, according to the results of the ethnobotanical and ethnopharmacological studies carried out in Brazil. The applications that stood out were related to anti-inflammatory and cicatrizant treatments. Most of the pharmacological research that focused on proving the medicinal potential associated with the use of babassu, analyzed applications in anti-inflammatory and cicatrizant treatments, which mostly demonstrated these potentialities. It was verified that the interests for the protection of Intellectual Property Rights of the TKA with babassu, and the anti-inflammatory and cicatrizant treatments, presented a growth. This study contributes with positive evidence for the medicinal and cosmetic potentialities of babassu presented by traditional medicine. However, it also shows that holders of TKA have not been involved in the processes of protection of Intellectual Property Rights of inventions that apply TKA with babassu. In view of the related conflicts, it is suggested that TKA be valued in management and conservation practices.

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Suartina, Tine. "Law in and as Culture – Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples, by Caroline Joan S. Picart." Anthropological Forum 27, no. 2 (February 19, 2017): 192–93. http://dx.doi.org/10.1080/00664677.2017.1291080.

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Journal articles on the topic 'Indigenous intellectual property rights'

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