The Idols of the Cave: Reimagining the Protection of Indigenous Knowledge and Expression

(2011) 26 Canadian Intellectual Property Review 3

18 Pages Posted: 8 Nov 2014

See all articles by Michael Coyle

Michael Coyle

University of Western Ontario - Faculty of Law

Date Written: September 30, 2010

Abstract

This article examines the limitations of existing intellectual property regimes in regulating the use, transmission, and exploitation of Indigenous ideas and forms of expression, and seeks to identify adjustments necessary to create fruitful debate about the possibility of law reform in this area. The author posits that the ineffectiveness of current intellectual property regimes in protecting Indigenous ideas and cultural expressions reflects the historic marginalization of Indigenous peoples’ rights to their traditional lands and resources. Drawing on principles of negotiation theory, this argument challenges the neutrality of current intellectual property rules and examines the differences between Western and Indigenous conceptions of the nature and significance of individual ideas and expression, and the historical and contemporary context that frames Indigenous peoples’ concerns about the protection of cultural knowledge.

Keywords: intellectual property, indigenous, culture, law reform

Suggested Citation

Coyle, Michael, The Idols of the Cave: Reimagining the Protection of Indigenous Knowledge and Expression (September 30, 2010). (2011) 26 Canadian Intellectual Property Review 3, Available at SSRN: https://ssrn.com/abstract=2520189 or http://dx.doi.org/10.2139/ssrn.2520189

Michael Coyle (Contact Author)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada

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