Indigenous Intellectual Property Rights

Indigenous Intellectual Property Rights
Author: Mary Riley
Publisher: Rowman Altamira
Total Pages: 420
Release: 2004
Genre: Business & Economics
ISBN: 9780759104860

Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.

Intellectual Property, Indigenous People and their Knowledge

Intellectual Property, Indigenous People and their Knowledge
Author: Peter Drahos
Publisher: Cambridge University Press
Total Pages: 263
Release: 2014-06-12
Genre: Education
ISBN: 1107055334

Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.

Indigenous Cultural Heritage and Intellectual Property Rights

Indigenous Cultural Heritage and Intellectual Property Rights
Author: Jessica Christine Lai
Publisher: Springer Science & Business Media
Total Pages: 342
Release: 2014-01-08
Genre: Law
ISBN: 331902955X

Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Indigenous Data Sovereignty

Indigenous Data Sovereignty
Author: Tahu Kukutai
Publisher: ANU Press
Total Pages: 344
Release: 2016-11-14
Genre: Social Science
ISBN: 1760460311

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Indigenous Heritage and Intellectual Property

Indigenous Heritage and Intellectual Property
Author: Silke von Lewinski
Publisher: Kluwer Law International B.V.
Total Pages: 564
Release: 2008-01-01
Genre: Law
ISBN: 9041124926

For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Indigenous People's Innovation

Indigenous People's Innovation
Author: Peter Drahos
Publisher: ANU E Press
Total Pages: 276
Release: 2012-08-01
Genre: Reference
ISBN: 1921862785

Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.

Beyond Intellectual Property

Beyond Intellectual Property
Author: Darrell Addison Posey
Publisher: IDRC
Total Pages: 324
Release: 1996
Genre: Cultural property
ISBN: 088936799X

Cultural property, aboriginal people, ethnobiology, legal status, laws.

International Law and Indigenous Knowledge

International Law and Indigenous Knowledge
Author: Chidi Oguamanam
Publisher: University of Toronto Press
Total Pages: 377
Release: 2006-01-01
Genre: Law
ISBN: 0802039022

Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.

Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge
Author: Anindya Bhukta
Publisher: Emerald Group Publishing
Total Pages: 193
Release: 2020-06-18
Genre: Law
ISBN: 1800430639

Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.