She was also invited to the World Intellectual Property Organisation (WIPO) in 2018, which is one of the 15 specialised agencies of the United Nations in Geneva. The international policy debate on the intellectual property rights of indigenous peoples has advanced from the question of whether indigenous knowledge should be protected to a consideration of how to protect it. Arts Law Centre of Australia's website says copyright is "a bundle of economic rights which give [the] owner the exclusive right to do certain things in relation to the object it protects.". While the mere presence of an outside group with money to give to some communities and not to others can be a problem, the encompassing challenge of how to give indigenous groups a more equal footing with national governments, bioprospecting groups, and mainstream interests may have some solutions. ICIPR is a reference to indigenous peoples' rights to their heritage. A panel of indigenous peoples speaking at the United Nations World Intellectual Property Organization on a potential treaty protecting their folklore from misappropriation asked that indigenous culture be recognised as unique, and not unduly considered as belonging to the whole of mankind. That's because ICIP rights are based in customary laws which are not recognised by the legal system. The international policy debate on the intellectual property rights of indigenous peoples has advanced from the question of whether indigenous knowledge should be protected to a consideration of how to protect it. But because folklore can also be misappropriated and treated like a commodity for commercial gain, legislative systems designed to protect it must be evaluated even though folklore is considered part of the public domain and -- unlike material culture -- is not often construed as property. The intellectual and cultural property rights (ICPR) of indigenous peoples are under threat. The closest thing to community ownership is the corporate ownership of a patent. Indigenous peoples' heritage is a living heritage and it includes objects, knowledge, performingworks, and literary works - all of those things created in the past, now and in the future. The Kuna Statute on Tourism may be the beginning of a successful program to protect indigenous cultural heritage rights. Maffi points out that the way in which people use and generate language does encode their worldview as well as indigenous concepts and knowledge that have no linguistic counterparts in other languages. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Something she wasn't aware of until she came across it on a google search. p. 4. 2 Ibid. Indigenous Peoples' rights to their heritage. In Geneva, she got to be a part of the Indigenous Caucus and chair it. All Rights Reserved. Snow explains that the Kuna Statute regulating tourism is, in itself, inadequate; active enforcement of the law and vigilance to ensure the protection of indigenous heritage and knowledge are essential. of intellectual property rights on indigenous peoples and biological diversity in particular has been researched extensively, followed by the examination of the tension between the Trade Related Intellectual Property Rights Agreement (TRIPs) and the Convention on Biological Diversity (CBD) which are the main international In 2017, the Intellectual Property Office of the Philippines entered into a joint administrative order (JAO) with the National Commission on Indigenous Peoples (NCIP), the lead agency that ensures the protection of the rights of indigenous communities in the country. Sometimes the words “Cultural Heritage” are used to mean the same thing. If even wealthy record labels have trouble protecting their music from copyright infringement, local vigilance by grassroots organizations will clearly be more effective for the protection of traditional music than the mere existence of statutes on copyright. Perhaps the most important is that legislation is not the ultimate goal or solution to the issue of indigenous intellectual property rights. All without her knowledge or consent. 1.1.2 Indigenous people argue that they have legitimate rights to control, ac-cess and utilize in any way, including restricting others’ access to, knowledge or information that derives from unique cultural histories, expressions, prac-tices and contexts. Since the beginning of the 21st century, however, the legal conversation about intellectual rights has expanded to include protection for the traditional knowledge systems of indigenous people. Rachel Proctor's article on Shipibo curanderos cashing in on the tourism and New Age interest in ayahuasca experiences shows us a side of indigenous peoples that, at first glance, insults Western ideas of "authenticity" in a "traditional" indigenous group. "We have to protect our culture when collaborating. When Ndebele art becomes another object to collect, or when non-Ndebele produce Ndebele forms of art, is this misappropriation? Too often, criticisms of bioprospecting come from those never involved in the process and unaware of the tools that can work. Valuing Local Knowledge presents case studies of programs that recognize indigenous rights, and brings direct experience to bear on the international debate over intellectual property, conservation, and indigenous rights. The recent, very public dispute over the appropriation of Indigenous voices was just one manifestation of a much larger issue: the struggle for the protection of Indigenous cultural and intellectual property, which has been going on for decades. The Kuna appear to be a case model for other groups to follow in protecting their cultural heritage -- at least on paper and under the law. The assumption that IPR legislation aimed at protecting indigenous persons is necessarily empowering is challenged by the authors contributing to this issue of CSQ. At the United Nation's General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the United Nations Declaration on the Rights of Indigenous Peoples. If someone copies that and distributes it, they now own that image. Intellectual Property Rights versus Indigenous Peoples Rights and Obligations. Ms Barba herself is studying law and has worked at ArtsLaw Australia as a national coordinator for its Artist in the Black project. A legal framework for the protection of indigenous knowledge, however, remains elusive since most provisions for intellectual property law evolved out of a Western view of knowledge as a commodity owned by an individual, not a community.(1). The keynote speaker chastised the United States position in the committee, criticised a US … Another possible tool for the protection of indigenous intellectual property in all forms may be the enforcement of treaties and legal precedents currently on record but largely ignored by the court system. Indigenous Issues Today is pleased to announce an upcoming roundtable discussion that will take place at the Society for Applied Anthropology's annual meeting in Memphis at the end of March. Intellectual Property Rights for Indigenous Peoples: A … 2 Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution. the South Pacific Regional Consultation on Indigenous Peoples’ Knowledge and Intellectual Property Rights (1995). David Stephenson and Wayne Shammel, also attorneys, look at the legal case of the Cow Creek against a motorcycle manufacturer using Native American symbolism that wrongly suggests a connection with American Indians. "There are gaps in the law which mean that unless Indigenous people can meet the requirements of intellectual property laws like copyright, their rights are unprotected and open to exploitation," the Terri Janke and Company website states. The essays included in this issue discuss which of these measures have been effective in defining, maintaining and successfully upholding in judicial court systems indigenous claims to land, resources, and intellectual property. Wakka Wakka and Yuin artist Bibi Barba says copyright law doesn't protect ICIP. While it may be controversial to propose that each indigenous group should be allowed exclusive control and management of their own traditional communal knowledge (deciding whether to disclose it to others or allow it to be published), this sort of control is similar to corporate management of knowledge pertaining to product production (trade secrets, for example). Major corporations, especially including chemical and biomedical organizations, are rapidly attempting to establish ownership of ever conceivable herb, herbal extract, food plant, plant fibre, productive procedure or Idea under the general title of "intellectual property rights". Cultural intellectual property is a right that Indigenous people have to protect their traditional art and culture but it can often be overlooked. Article copyright Cultural Survival, Inc. Our website houses close to five decades of content and publishing. .” 1. Julie Hollowell-Zimmer's article on the use of the Silver Hand trademark among the Native Peoples in Alaska also discusses the possibilities and limitations of Western IPR frameworks for protecting indigenous arts. The international system for protecting the rights of intellectual property has long focused on protecting the needs of technologically advanced societies. Indigenous people are looking to intellectual property law as a means to secure these ends. The intersection of the intellectual property (IP) system and the protection of Indigenous knowledge and cultural expressions is receiving increasing attention within Indigenous communities in Canada, among government policy-makers and in international trade and policy fora. Successful alternative approaches to help establish and protect indigenous claims to intellectual property may prove as important as legislative or judicial solutions. What is ICIP? Indigenous Peoples and Intellectual Property . Mary Riley (in an article on traditional medicine in Laos) outlines the process of ethically-informed drug discovery. Instead, we asked authors to examine existing legal tools and the programs present in communities and nations worldwide. There she also read out the Uluru Statement of the Heart. "But if you want to use it in a contemporary setting, you have to get permission.". Kelly Bannister and Katherine Bennett consider such alternative approaches to protection of traditional knowledge. In order to respect ICIP, Terri Janke and Company incorporates these ten True Tracks principles: Walking Together is taking a look at our nation's reconciliation journey, where we've been and asks the question — where do we go next? Protection of indigenous peoples’ cultural heritage and intellectual property The right of indigenous peoples to protect and enjoy their cultural heritage is recognized in a Here's a full list of rights that ICIP covers according to Terri Janke and Company: Ms Cubillo says it's also based on the idea of self-determination. Much of the debate arises from issues addressed by different communities, such as: - Human Rights: The resurgence of self-determination by indigenous groups, particularly their quest for territorial rights. Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. Folklore (and folkloric expression) as a kind of cultural commodity falls outside the standard in defining intellectual property. A full discussion of bioprospecting and Indigenous peoples is outside the scope of this paper, but see for example Josephine Axt, M.L. Tourism's potential negative impact is also explored in Stephen Snow's article on the Kuna Yala of Panama. Any content older than 10 years is archival and Cultural Survival does not necessarily agree with the content and word choice today. 2. . 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Her visual storytelling uses knowledge and motifs passed down from her grandmother. ", "And that ICIP from my grandmother was tarnished.". The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a non-legally-binding resolution passed by the United Nations in 2007. Mita Manek and Robert Lettington get to the heart of the matter by describing this irreconcilable difference between Western and (for lack of a better word) non-Western outlooks on the world. Ms Barba says by valuing and respecting Indigenous culture. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. . Valuing Local Knowledge: Indigenous Peoples and Intellectual Property Rights (Island Press, Covelo, 1996). Cultural Survival advocates for Indigenous Peoples' rights and supports Indigenous communities’ self-determination, cultures and political resilience, since 1972. Other forms of expressive culture, such as indigenous art forms, also become commodities when taken outside of the traditional cultural context and put up for sale on the market. (The impact of tourism on indigenous peoples was covered in CSQ 23:2, 1999.). Much of the debate arises from issues addressed by different communities, such as: - Human Rights: The resurgence of self-determination by indigenous groups, … An ABC-wide initiative to reflect, listen and build on the shared national identity of Indigenous and non-Indigenous people. This sourcebook presents a collection of papers focusing on the intellectual property rights (IPR) of indigenous peoples--their rights to protect and control their cultural knowledge. - Conservation: The increasing loss of biological and cultural diversity and a deepened awareness of their interrelation. She says ICIP covers many things, including: "Traditional knowledge, cultural practices, spiritual knowledge, ancestral material and languages.". survival . In recognition that 1993 is the United Nations International Year for the World's Indigenous Peoples; Maybe. The protection of the rights of indigenous people, including their intellectual property rights, has made a great progress in the past few years. Her very own artwork was used to design the interior of a Polish hotel. If giant, moneyed corporations fight one another every day over trademark and copyright infringement, how can we expect to be any less vigilant among smaller groups of already marginalized people? - The UN Convention on Biological Diversity: The commercial use of indigenous knowledge in bioprospecting arrangements. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. Stephenson and Shammel propose that other types of law (international law, human rights law) team up with IPR law to better serve the prosecution of such cases. Cultural & Intellectual Property Rights of Indigenous Peoples Whakatana, 12-18 June 1993 Aotearoa, New Zealand . Ms Barba knows too well the devastating effects that infringing ICIP and copyright can have on an artist. "It's about the principle, and those principles are protocols. But that's hard with Indigenous people because it's ongoing," she said. Will others accuse indigenous peoples of having special rights under the law? Increased indigenous control over traditional knowledge and its dissemination raises new questions. Now that’s what we don’t want to do with intellectual property rights in the modern era. Entitled "Intellectual Property Rights, Technology, and Indigenous Peoples: Perspectives From and On the Public Sphere" this roundtable will bring together several leading scholars and … "Copyright ownership is 70 years after the death of the author. But no-one knows what'll happen if the President pardons himself, Prison escapee recaptured in Adelaide after a day on the run. "For them to take that and translate it into a carpet, and take it apart … I was just devastated. Adrienne Hoard demonstrates the chasm between art as commodity (to outsiders) and art within its cultural context (to the Ndebele people of South Africa). Ms Cubillo says there are some challenges that come with this. This is a more classic case involving intellectual property, as it could be described as trademark infringement, which is easily understood within the Western IPR framework. But WIPO, UNESCO, UN and other international bodies do recognize the special situation of indigenous peoples when it comes to intellectual property rights. "And if that goes into the public it kind of comes up for grabs. "A lot of art is found in the public domain, for example, rock art. "Copyright protection is automatic upon creation of the work. Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' claims of collective intellectual property rights to protect specific cultural knowledge of their groups. Because indigenous groups are often unprotected under systems of property ownership by individuals, IPR frameworks built on the community-based reality of indigenous groups may be the only ones that "work" for indigenous peoples. "The fact that people can use Indigenous words or designs without consent or consultation can be detrimental to an Indigenous community or individual.". The most problematic aspect of any meaningful discussion of intellectual property rights is that the notion of IPR is, in itself, a Western concept being applied to non-Western societies. Ms Barba said her desert flowers represented "women's business" in a contemporary abstract rendition. In an article by Tressa Berman, Peter Seitel and Anthony McCann, the assessment of guidelines for the protection of folklore and folkloric expression points to the difficulty of protecting this unique set of expressive culture. It delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education and other issues. Join us as we listen, learn and share stories from across the country, that unpack the truth-telling of our history and embrace the rich culture and language of Australia's First People. Lorie Graham * Stephen McJohn ** “There is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and [] the protection of both is essential to the indigenous peoples’ cultural and economic . Lawyers Maui Solomon and Leo Watson evaluate the utility of the Waitangi Tribunal in recognizing and asserting the rights of M...ori and Moriori peoples of New Zealand to control over their own cultural heritage, including indigenous art, symbols and designs, lands, languages, and indigenous knowledge as it pertains to plant and animal resources. There is no need to register a work in some official register.". She explains how the Silver Hand trademark is actually used, how imitations pop up, and how market expectations -- including consumers who expect Native American arts and crafts to be cheap -- thwart sales and artisans more than would any open attempt to block the protection of their authentic arts. Cultural Survival envisions a future that respects and honors Indigenous Peoples' inherent rights and dynamic cultures, deeply and richly interwoven in lands, languages, spiritual traditions, and artistic expression, rooted in self-determination and self-governance. Not being considered in legal legislation or literature, this progress is largely due to the fact that indigenous names, images, symbols or patterns of commercial products have never been so common. Corn, M. Lee and D.M. It's about recognising rights," she said. June 1993. (whether indigenous or non-indigenous) is associated with practical experience and skill The following series of articles goes beyond discussion of the inherent importance of indigenous intellectual property rights (IPR). When the language used to encode a specific indigenous concept dies out, indigenous knowledge itself is lost. *FREE* shipping on qualifying offers. She discusses the ICBG (International Cooperative Biodiversity Group) models of research, community development/improvement and benefitsharing with indigenous groups. (1). © 2020 Cultural Survival. The development of IPR legislation is an important but often inadequate measure: alternative approaches to cultural intellectual property preservation also require evaluation. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. In a similar vein, Luisa Maffi's article on preserving native languages in Mexico is important because language is so rarely considered intellectual property. | Donor Privacy Policy | EIN: 23-7182593, 24-4 Intellectual Property Rights: Culture as Commodity, Protecting Indigenous Intellectual Property Rights: Tools That Work, Cultural Survival E-Newsletter - News and Updates, Information on conferences, meetings and global events pertaining to Indigenous Peoples, Learn about Cultural Survival's response to Covid-19. Her design, "flowers of the desert", were used on carpets and indoor panels throughout the hotel. Lessons from bioprospecting over the past decade are documented by Katy Moran. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. Resources by Indigenous and Local Community Organizations Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples Date: June 1993 Notes: Code of Ethics cited in Article 1.3 for external users and Articles 2.12, 2.13 and 2.14 for museums. This is a tall order, especially when many impoverished indigenous peoples face a daily struggle to feed and support their families. For copyright, however, it's a different story. Subsidiary IPR goals are to manage the degree and process by which cultural knowledge is shared with outsiders and, in some instances, to be justly compensated for it. The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples. Along with other indigenous peoples representatives, he called for more participation of indigenous peoples in the … 1 Greaves, “Tribal Rights” in Brush and Stabinsky (Eds.) Regarding the intellectual property rights of indigenous peoples, the General Assembly recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, his… Here's what it entails. Indeed, the right to intellectual property is embedded in the Universal Declaration of Human Rights (UDHR) and the United Nations Declaration for the Right of Indigenous People (UNDRIP). A few themes are common to these articles. The United Nations Special Rapporteur on the Rights of Indigenous People, James Anaya, was invited to speak at the opening of the World Intellectual Property Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) yesterday. But there's only so much that ICIP rights can do to protect Indigenous people. But there are moral rights. [focus Aotearoa / New Zealand] “The paper will examine from a Maori perspective their notions of indigenous peoples rights and obligations and how they are fundamentally at odds with existing intellectual property … (5) Intellectual Property Rights and Indigenous Peoples Rights and Obligations. Such protection might include the adoption of measures to recognize, register and protect the individual or collective authorship of indigenous peoples under national intellectual property rights regimes and should prevent the unauthorized use of scientific, literary and artistic productions of indigenous peoples by third parties. ICIP stands for Indigenous Cultural and Intellectual Property. Solomon and Watson note that the judicialization of the Waitangi Tribunal has, in some respects, made it a more Westernized legal instrument. Acknowledging the spiritual dimension of their universe and respecting the mauri or central life force of every living thing was fundamentally important to the Maori world view. They said that indigenous peoples don’t really have property rights, they just kind of roam around on the land, and so it’s okay for Europeans to go and appropriate the land and say that they have title. Will the implementation of such frameworks further marginalize indigenous peoples, even within Western court systems? Intellectual Property Rights for Indigenous Peoples: A Source Book [Greaves, Tom] on Amazon.com. Attribute the artist's work tastefully and with respect," she said. Citing UN Convention on Biological Diversity (CBD) requirements for bioprospectors, Moran suggests that enforcement at all levels of government and inclusion of all participants can make bioprospecting a rewarding process. Ms Cubillo said at the heart of respecting ICIP and copyright is consultation and consent. Indigenous people call for adequate protection of Indigenous Cultural and Intellectual property rights to enable them to protect their culture and to share in the benefits from the use of their heritage where appropriate. Bartholomew Dean's article on Andean traditional music and the risk of misappropriation also strikes a familiar chord in this age of the Napster court case and the widespread problem of bootleg cassette tapes and CDs. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. But it also brings out an important question: who is defining what indigenous peoples "should" be? Their insights may be the best argument yet for a sui generis legal system to deal with challenges to the cultural, artistic and heritage rights of indigenous peoples.