Indigenous Intellectual Property

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Indigenous Intellectual Property
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Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-12-18
Indigenous Intellectual Property written by Matthew Rimmer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-18 with Law categories.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Intellectual Property Indigenous People And Their Knowledge
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Author : Peter Drahos
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-12
Intellectual Property Indigenous People And Their Knowledge written by Peter Drahos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-12 with Education categories.
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
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Author : Jessica Christine Lai
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-08
Indigenous Cultural Heritage And Intellectual Property Rights written by Jessica Christine Lai and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-08 with Law categories.
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.
Beyond Intellectual Property
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Author : Darrell Addison Posey
language : en
Publisher: IDRC
Release Date : 1996
Beyond Intellectual Property written by Darrell Addison Posey and has been published by IDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Cultural property, aboriginal people, ethnobiology, legal status, laws.
Indigenous Heritage And Intellectual Property
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Author : Silke von Lewinski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Indigenous Heritage And Intellectual Property written by Silke von Lewinski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
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 Peoples Innovation
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Author : Peter Drahos
language : en
Publisher: James Currey
Release Date : 2012
Indigenous Peoples Innovation written by Peter Drahos and has been published by James Currey this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Indigenous Heritage And Self Determination
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Author : Tony Simpson
language : en
Publisher: IWGIA
Release Date : 1997
Indigenous Heritage And Self Determination written by Tony Simpson and has been published by IWGIA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.
Minding Culture
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Author : Terri Janke
language : en
Publisher: WIPO
Release Date : 2003
Minding Culture written by Terri Janke and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
"The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia."--
Indigenous Heritage And Intellectual Property
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Author : Silke von Lewinski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-03-28
Indigenous Heritage And Intellectual Property written by Silke von Lewinski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-28 with Law categories.
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.
True Tracks
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Author : Terri Janke
language : en
Publisher: NewSouth Publishing
Release Date : 2021-07-01
True Tracks written by Terri Janke and has been published by NewSouth Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
Indigenous cultures are not terra nullius — nobody’s land, free to be taken. True Tracks is a groundbreaking work that paves the way for respectful and ethical engagement with Indigenous cultures. Using real-world cases and personal stories, award-winning Meriam/Wuthathi lawyer Dr Terri Janke draws on twenty years of professional experience to inform and inspire people working across many industries – from art and architecture, to film and publishing, dance, science and tourism. What Indigenous materials and knowledge are you using? How will your project affect and involve Indigenous communities? Are you sharing your profits with those communities? True Tracks helps answer these questions and many more, and provides invaluable guidelines that enable Indigenous peoples to actively practise, manage and strengthen their cultural life. If we keep our tracks true, Indigenous culture and knowledge can benefit everyone and empower future generations. ‘Dr Terri Janke’s True Tracks is a fantastic resource for understanding and engaging with Indigenous art, culture and traditional knowledge.’ — Turia Pitt ‘Whether you’re a black CEO making an encrypted ledger for an art co-op, or a white soccer mum making a multicultural Halloween costume, this book might spare you a lot of heartache down the track.’ — Tyson Yunkaporta ‘The definitive guide to producing, telling, showing, and making Australia.’ — Tara June Winch ‘Terri Janke’s book is the answer to the grand cultural theft perpetrated on Aboriginal and Torres Strait Islander peoples over more than two centuries.’ — Marcia Langton ‘True Tracks provides an authoritative guide that simplifies complex laws and cultural protocols, providing examples for those working in many sectors to enact key principles for Indigenous engagement, including respect and self-determination.’ — Anita Heiss