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Indigenous intellectual property
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Indigenous intellectual property
Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.
There have been various efforts made since the late 20th century towards providing some kind of legal protection for indigenous intellectual property in colonized countries, including a number of declarations made by various conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO) was created in 1970 to promote and protect intellectual property across the world by cooperating with countries as well as international organizations. The UN's Declaration on the Rights of Indigenous Peoples (UNDRIP), passed by the General Assembly in 2007 with 143 countries in favour, includes several clauses relating specifically to the protection of intellectual property of Indigenous peoples.
Disputes around indigenous intellectual property include several cases involving the Māori people of New Zealand.
Indigenous intellectual property is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has been promoted by the World Intellectual Property Organization (WIPO), as part of a broader effort by the United Nations (UN) to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment, based on legal theories holding them to be inadequately covered by Western law.
Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity
Indigenous intellectual property rights relate to the legal rights to protect specific such property, which includes cultural knowledge of their groups, aspects of their cultural heritage in the visual arts, literature, and performing arts, as well as science and traditional medicines. It may include knowledge held in oral history.
International bodies such as the UN have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artifacts, designs, language, ceremonies, and performing arts in addition to artwork and literature.
Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving Indigenous peoples' individual and communal intellectual property rights largely unprotected.
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Indigenous intellectual property
Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.
There have been various efforts made since the late 20th century towards providing some kind of legal protection for indigenous intellectual property in colonized countries, including a number of declarations made by various conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO) was created in 1970 to promote and protect intellectual property across the world by cooperating with countries as well as international organizations. The UN's Declaration on the Rights of Indigenous Peoples (UNDRIP), passed by the General Assembly in 2007 with 143 countries in favour, includes several clauses relating specifically to the protection of intellectual property of Indigenous peoples.
Disputes around indigenous intellectual property include several cases involving the Māori people of New Zealand.
Indigenous intellectual property is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has been promoted by the World Intellectual Property Organization (WIPO), as part of a broader effort by the United Nations (UN) to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment, based on legal theories holding them to be inadequately covered by Western law.
Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity
Indigenous intellectual property rights relate to the legal rights to protect specific such property, which includes cultural knowledge of their groups, aspects of their cultural heritage in the visual arts, literature, and performing arts, as well as science and traditional medicines. It may include knowledge held in oral history.
International bodies such as the UN have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artifacts, designs, language, ceremonies, and performing arts in addition to artwork and literature.
Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving Indigenous peoples' individual and communal intellectual property rights largely unprotected.