
Better Ways to Protect Indigenous Knowledge and Cultures Through Intellectual Property
- 1 University of Leeds
* Author to whom correspondence should be addressed.
Abstract
Indigenous knowledge can be understood as a network of knowledge, beliefs and traditions that can be preserved and have some commercial value over time. Along with the increasing visibility of indigenous cultures in the global marketplace, there are also significant challenges. These challenges are often related to the physical destruction and utilization of indigenous lands and knowledge. The historical context and uniqueness of indigenous cultures suggest that they require greater attention and special protection under the law. From the current provisions and judgments, some individual authors have been compensated while the rights of the broader indigenous community have not been adequately protected. From an international perspective, the focus of the work of international organizations has expanded to include indigenous peoples' land claims and cultural rights. In addition to various international organizations and related instruments, a number of countries and regions are working to protect the intellectual property rights of indigenous cultures. Australia is a country that is typically faced with the protection of indigenous intellectual property. For Australia, the effective protection of indigenous knowledge remains an issue that needs to be addressed and managed through the legal realm. The positioning of indigenous knowledge in the law is complex and incomplete. Australia has played an important role at the international level, but the actual response within Australia to the international level has been minimal. Australia should therefore recognize and respond to these developments in legislation as soon as possible.
Keywords
indigenous knowledge, indigenous culture, intellectual property
[1]. Bruchac, M. (2014). Indigenous Knowledge and Traditional Knowledge. In Smith, C. (Ed.), Encyclopedia of Global Archaeology, 3814-3824.
[2]. Cobo, J. R. M. (1986). Study of the problem of discrimination against indigenous populations. United Nations Press.
[3]. Polymenopoulou, E. (2017). Indigenous cultural heritage and artistic expressions: Localizing intellectual property rights and UNESCO claims. Can. J. Hum. Rts., 6, 87.
[4]. Janke, T. (2005). Managing indigenous knowledge and indigenous cultural and intellectual property. Australian Academic & research libraries, 36(2), 95-107.
[5]. Coombe, R. J. (1998). The cultural life of intellectual properties: Authorship, appropriation, and the law. Duke University Press.
[6]. Janke, T. (2019). True tracks: Indigenous cultural and intellectual property principles for putting self-determination into practice. (Thesis).
[7]. Anderson, J. E. (2003). The production of indigenous knowledge in intellectual property law (Doctoral dissertation, UNSW Sydney).
[8]. Foster v Mountford (1977) 14 ALR 71
[9]. Grad, R. (2003). Indigenous Rights and Intellectual Property Law: A Comparison of the United States and Australia. Duke J. Comp. & Int'l L., 13, 203.
[10]. Yanggarrny Wunungmurra v Peter Stipes (1983) Federal Court
[11]. Milpurrurru & Ors v Indofurn Pty Ltd and Ors [1994] 30 IPR 209
[12]. Blakeney, M. (2009). Protection of traditional knowledge by geographical indications. International journal of intellectual property management, 3(4), 357-374.
[13]. UNESCO-WIPO (1985). Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and other Prejudicial Actions.
[14]. WIPO (2001). Intellectual Property Needs and Expectations of Traditional Knowledge Holders: WIPO Report on Fact-Finding Missions on Intellectual Property and Traditional Knowledge.
[15]. Blakeney, M. (2015). Protecting the knowledge and cultural expressions of Aboriginal peoples. University of Western Australia Law Review, 39(2), 180-207.
[16]. Adcock, F. (2015). Diluted Control: A Critical Analysis of the WAI 262 Report on Maori Traditional Knowledge and Culture. Matthew Rimmer (ed) Indigenous Intellectual Property: A Handbook of Contemporary Research, 497-498.
Cite this article
Wang,Y. (2024). Better Ways to Protect Indigenous Knowledge and Cultures Through Intellectual Property. Lecture Notes in Education Psychology and Public Media,51,52-57.
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