Mapping Indigenous Intellectual Property
Matthew Rimmer (ed.), Indigenous Intellectual Property: A Handbook of Contemporary Research, Cheltenham (UK) and Northampton (Mass.): Edward Elgar, 2015, 1-44
Posted: 6 Jan 2016
Date Written: December 21, 2015
The United Nations Declaration on the Rights of Indigenous Peoples 2007 provides a broad, holistic definition of Indigenous intellectual property. The preamble took the view that 'respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.' Article 31 (1) provides a broad recognition of Indigenous intellectual property:
'Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.'
Article 31 (2) stipulates: 'In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.'
Keywords: Indigenous Intellectual Property, Traditional Knowledge, Copyright, Designs Law, Trademark Law, Consumer Law, Patent Law, Access to Genetic Resources, Informed Consent, and Benefit-Sharing, Climate Change, Confidential Information, Privacy, Defamation Law, World Intellectual Property Organization
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