Intellectual Property Rights For Indigenous Peoples
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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.
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.
Property Rights, Indigenous People and the Developing World
Author | : David Lea |
Publisher | : BRILL |
Total Pages | : 307 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004166947 |
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
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.
Valuing Local Knowledge
Author | : Stephen B. Brush |
Publisher | : |
Total Pages | : 360 |
Release | : 1996 |
Genre | : Biodiversity |
ISBN | : |
Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.
Protect and Promote Your Culture
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 68 |
Release | : 2018-06-01 |
Genre | : Law |
ISBN | : 928052870X |
Intellectual property can be a powerful tool for indigenous peoples and local communities (IPLCs). Used strategically, it can help you promote your own products and services, and prevent the misappropriation of your traditional knowledge and culture. This short guide explains how, with plenty of examples of IPLCs who have made the most of their 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.
Human Rights and Intellectual Property
Author | : Laurence R. Helfer |
Publisher | : Cambridge University Press |
Total Pages | : 567 |
Release | : 2011-03-07 |
Genre | : Law |
ISBN | : 1139496913 |
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
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.