TK generally refers to the know-how, skills, innovations and practices developed by Indigenous peoples related to biodiversity, agriculture, health and craftsmanship. TCEs generally refer to tangible and intangible forms in which TK and culture are expressed and may include oral stories, artwork, handicrafts, dances, fabric, songs or ceremonies. Indigenous Traditional Knowledge MISSION. The prolonged transgression of the Indigenous Peoples has left them in arguably the worst environmental, educational, social and economic state in the Nation decades after initial contact (Canadian Population Health Initiative, 2004). 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. One notable feature of the NZ Act is that the offence test provides at least some degree of acknowledging pre-existing Indigenous intellectual property rights. The article will describe the notion of cultural appropriation and explain how it … Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. Currently, in Canada, the … Complementary to the Government's commitments to reconciliation, implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recognition of Indigenous rights, the IP Strategy seeks to further support Indigenous peoples' IP knowledge and awareness through initiatives, led by and in partnership with Indigenous peoples, focused on education, awareness-raising and capacity-building. Another initiative is a new Indigenous Peoples and Intellectual Property web page, where the latest information, tools and events related to IP and Indigenous knowledge and cultural expressions can be found. McGill University and Innovation, Science and Economic Development Canada (ISED) From: Innovation, Science and Economic Development Canada. Karin Endemann is president of Keystone International, an Ottawa-based consulting company specializing in intellectual property The Tribal Law Intellectual Property List is a topically restricted, majordomo managed mailing list, and a project of the Tribal Law List with the cooperation of principle Indigenous Law Program Schools, Tribal Courts, and regional Indigenous ISPs in North America, and similar lists not located in North America, and with non-indigenous academics, jurists, practitioners, law students, and network … This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. The World Indigenous Network: Rio+20, Intellectual Property, Indigenous Knowledge, and Sustainable Development--Matthew Rimmer PART II COPYRIGHT LAW AND RELATED RIGHTS 5. Centre for International Governance Innovation (CIGI) and Innovation, Science and Economic Development Canada (ISED) This is reflected in, for example, the Federal Government’s 2018 Intellectual Property Strategy which includes initiatives that reflect the needs and interests of Indigenous peoples. The Canadian Intellectual Property Office (CIPO) offers a number of training opportunities and information resources on intellectual property. The idea of ICIP is based on the principle of self-determination. The very concept of "ownership" in the IP-context may contrast with Indigenous notions of "ownership" of Indigenous knowledge and cultural expressions; Indigenous knowledge and cultural expressions may not meet IP standards of "originality" such as required under copyright law, or "novelty" under patent and industrial design law; the requirement that an idea needs to take on a fixed form (e.g., in a book or sound recording) to be protected under existing copyright laws, may prevent the protection of intangible Indigenous knowledge and cultural expressions that are transmitted or shared orally; innovations based on Indigenous knowledge may be eligible for protection under existing IP frameworks, but not the underlying knowledge itself; the limited term of protection for some IP, such as copyright, industrial designs and patents, would not protect Indigenous knowledge and cultural expressions indefinitely, and the limited term of protection may require certainty as to the date of its creation or first publication, which is often unknown; the costs and complex processes for registration, renewal and enforcement of IP rights have been identified by some as obstacles to the use of the IP system; and. PART I INTERNATIONAL LAW 1. Building on the Government of Canada's commitments to implement the United Nations Declaration on the Rights of Indigenous Peoples and to recognize Indigenous rights, the Strategy includes initiatives aimed at making Canada's IP system more inclusive and reflective of the needs and interests of Indigenous peoples. This could include, for example, the effective use of contractual arrangements and the development of local mechanisms within communities to control and protect Indigenous knowledge. An initiative to support Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment. This information is also available in Inuktitut PDF - 329 KB, Plains Cree PDF - 370 KB, Ojibwe PDF- 332 KB, Michif PDF — 196 KB and Mi'kmaq PDF - 323 KB. This collection examines national developments in Indigenous intellectual property … On Dec. 3, Justice Minister and Attorney General David Lametti introduced Bill C-15, which, if passed, will require Canada’s … As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges to Indigenous intellectual property from emerging developments in information technology, biotechnology, and climate change. In Canada, the editor of a well-known literary magazine called for an award for cultural appropriation. - Kirsten Anker, McGill University, Canada 'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. Creating, Knowing and Sharing, Canada Media Fund Indigenous peoples have a particular stake in this area as it relates to their broader interests in protecting their knowledge and culture and ensuring its appropriate use. They are an important step in providing … Some of these potential gaps and barriers include: Non-IP laws and programs dealing with the safeguarding and promotion of intangible heritage can also play a useful role in complementing laws dealing with IP protection. Indigenous Knowledge and Cultural Expressions 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. It has been addressed most prominently by the United Nations in its 2007 Declaration on the Rights of Indigenous Peoples (UNDRIP), which … World Intellectual Property Organization (WIPO) and the Government of Canada  Mechanisms for the protection of IP are based on protecting the rights of identified individual creators and innovators over their creations and innovations that exist in physical format; this is not easily adapted to protecting collectively-owned TK or TCEs of significance to communities, dating back generations. Several Indigenous communities, organizations, and representative bodies in Canada have registered trademarks, certification marks, official marks and authenticity labels, including the Genuine Cowichan official mark and certification mark, the Igloo Tag trademark, and the trademarked Assembly of First Nations logo. This video is also available with Inuktitut subtitles. The relationship between intellectual property law and the protection of Indigenous knowledge and cultural expressions is a complex subject that has been receiving increasing attention over the last few years. In so far as names, signs and symbols are concerned, Canadian laws protecting trademarks and relating to unfair competition may be the most relevant: As many cultural expressions are literary and artistic works and performances, copyright and related rights may be relevant for their protection:Â. June 27, 2017. In Canada, Indigenous children represent approximately 50 per cent of foster children under age 14 despite making up only 7.7 per cent of the population in this group. The relationship between intellectual property (IP) and the protection of Indigenous knowledge and cultural expressions is complex and challenging. Our mission is to enhance our members’ expertise as trusted intellectual property advisors, and to shape a policy and business environment that encourages the development, use, and value of intellectual property. The relationship between IP and the protection of Indigenous knowledge and cultural expressions is complex and challenging. Leading scholars consider 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. Courtesy of the World Intellectual Property Organization. The following is intended to provide an overview to stimulate and inform broader policy discussions in Canada. This research theme investigates the application of intellectual property law to the realm of cultural heritage, as well as alternative models to protect, promote, and maintain tangible and intangible cultural heritage. It is also recognized that TK and TCEs can be collectively held and may evolve and change over time as they are passed down from generation to generation. Since the Assembly of First Nations and the federal government recently announced a co-initiative to revitalize, preserve, protect and maintain Indigenous languages, and since the Canadian Copyright Act is up for review this year, we have every reason to hope that Indigenous linguistic, cultural, and intellectual property rights will at last be protected. Movable Cultural Property Program, Canadian Museum of History There are also a number of other Government of Canada programs that support the preservation, protection, and development of Indigenous knowledge and cultural expressions. On April 26, 2018, Canada’s minister of innovation, science and economic development, the Honourable Navdeep Bains, announced Canada’s new intellectual property (IP) strategy. exceptions and limitations typically found in IP laws may not be considered to be suitable for Indigenous knowledge and cultural expressions, particularly if it is considered to be sacred. It also seeks to provide opportunities for Indigenous peoples to advocate their interests through engagement activities, increased participation in domestic and international discussions on IP, Indigenous knowledge and cultural expressions, and to explore options to make the IP system more inclusive and accessible to Indigenous peoples. In spring 2018, the Minister of Innovation, Science and Economic Development announced the Intellectual Property Strategy as part of Canada's Innovation and Skills Plan. Mary; Moran. The WTO, The TRIPS Agreement and Traditional Knowledge--Tania Voon 3. Listen, Hear Our Voices, Library and Archives Canada Indigenous Research Support, Government of Canada & WIPO Workshop in Iqaluit, Nunavut, May 2019, Workshop on Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property IP rights, which include patents, trademarks, copyright, industrial designs, geographical indications, and trade secrets, provide rightsholders with economic and moral rights over their creations and innovations, often for a fixed period of time. *** Ken S. Coates is MLI’s Munk Senior Fellow in Aboriginal and Northern Canadian Issues. The program, launched by the Minister on April 26, 2019, included support for the WIPO Voluntary Fund and Indigenous organizations in Canada. Significant differences exist between Western and Indigenous societies, and their respective knowledge and legal systems affect heritage. The following is intended to provide an overview to stimulate and inform broader policy discussions in Canada. May 14-16, 2019 (Iqaluit, Nunavut), Information sharing workshop on recognizing, promoting and protecting traditional knowledge and traditional cultural expressions He is the Canada Research Chair in Regional Innovation in the Johnson-Shoyama Graduate School of Public Policy at the University of Saskatchewan. In Canada, specific laws protect IP, including the Patent Act, the Copyright Act, the Trademarks Act, the Industrial Design Act, and the Plant Breeders' Rights Act. Canada initially voted against UNDRIP in 2007 based on concerns that a requirement for FPIC may be inconsistent with Canadian law regarding the Crown's duty to consult and accommodate Indigenous peoples. As noted, Canada lacks specific federal legislative framework recognizing and affirming broad-based indigenous cultural and intellectual property protection. Uashaunnuat (Innu of Uashat and of Mani-Utenam), 2020 SCC 4, the Supreme Court of Canada held that the special nature of Indigenous title as a collective right that benefits future generations means that it is different from civil law and common law conceptions of property and must be understood with reference to Indigenous perspectives. It is important to recognize that the IP associated with artistic and innovative creations has been an area of concern and challenge for Indigenous creators, innovators and communities. The World Trade Organization, The TRIPS Agreement and Traditional Knowledge Tania Voon . The intersection of the intellectual property (IP) system and the protection of Indigenous knowledge and cultural expressions is receiving increasing attention with Indigenous peoples in Canada, among government policy-makers and in international trade and policy fora. March 1, 2019 (Toronto, Ontario), ISED & the Centre for Intellectual Property Policy (McGill University) Workshop in Montreal, Quebec, January 2020, email@example.com, Indigenous Languages and Cultures Program, Innovation, Science and Economic Development Canada, United Nations Declaration on the Rights of Indigenous Peoples, This video is also available with Inuktitut subtitles, Introduction to Intellectual Property Rights and the Protection of Indigenous Knowledge and Cultural Expressions in Canada, Aboriginal Peoples Television Network intellectual property success story, First Nations, Inuit and MÃ©tis Experiences with Canada's Intellectual Property System: Stonecircle Report Executive Summary, launched by the Minister on April 26, 2019, World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO IGC), Indigenous Peoples and Local Communities Portal, Reconciliation (Crown-Indigenous Relations and Northern Affairs Canada), Impact of the Inuit Arts Economy study (Crown-Indigenous Relations and Northern Affairs, Indigenous Peoples and Impact Assessments (Impact Assessment Agency Canada), Indigenous knowledge resources related to impact assessments, Updated guidance on the use of Indigenous knowledge in impact assessments (chapters 3.6 and 3.7), Canada participates in international negotiations at the. The Indigenous Peoples of Canada as a community were violated in numerous ways including colonization. Canada subsequently endorsed UNDRIP on the understanding that it could be implemented in a manner consisted with the Canadian Constitution. Introduction: Mapping Indigenous Intellectual Property Matthew Rimmer . From: Innovation, Science and Economic Development Canada. Indigenous knowledge and the IP system are based on different worldviews and approaches, recognizing that neither is monolithic or all-encompassing. Although there are no universally accepted definitions of Indigenous knowledge and cultural expressions, within international IP discussions, the terms generally used are traditional knowledge (TK) and traditional cultural expressions (TCEs). The intellectual property rights framework established by New Zealand is a direct attempt to recognize and respect mātauranga Māori. Indigenous Cultural and Intellectual Property (ICIP) (AITB) Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. WIPO, a self-funded agency under the United Nations, serves as a policy forum for intellectual property around the world. One of the key significant inclusions within the IP strategy is its reference to and provision for Canada’s Indigenous peoples. Repatriation Policy, Impact Agency of Canada January 30, 2020 (Montreal, Quebec), Practical Workshop on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions for Countries from the Arctic Region But for depth, breadth and legitimacy, this one is the best so far. 3. Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples.This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. The relationship between intellectual property (IP) and the protection of Indigenous knowledge and cultural expressions is complex and challenging. They also develop customized training materials in partnership with Indigenous organizations, government departments, businesses, academia and regional offices. In certain circumstances, these legal tools could be leveraged to protect Indigenous knowledge and cultural expressions. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Much of the debate arises from issues addressed by different communities, such as: World Intellectual Property Organization (WIPO) (Switzerland) Wend Wendland has some 30 years’ experience in intellectual property, in both the private and public sectors. The federal government has made good on a promise to introduce “transformational” legislation that would provide a framework for aligning Canadian laws with rights laid out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Learn more about their relationship in Introduction to Intellectual Property Rights and the Protection of Indigenous Knowledge and Cultural Expressions in Canada. These initiatives are part of the Government of Canada’s overarching five-year Intellectual Property Strategy announced in Budget 2018. The aim of this article is to analyze the appropriation of Aboriginal culture in Canada and the legal remedies available to Aboriginal peoples under Canada's intellectual property laws. First Nations, Inuit and MÃ©tis Experiences with Canada's Intellectual Property System: Stonecircle Report Executive Summary provides a synthesis of the responses of the First Nations, MÃ©tis and Inuit (FNMI) respondents who participated in the qualitative research study regarding their knowledge of and experiences with Canada's IP system. Heritage includes all aspects of cultural practices, traditional knowledge, and resources and knowledge systems developed by Indigenous people as part of their Indigenous identity. Corn, M. Lee and D.M. Riley. IP protections, services and resources remain widely underutilized by Indigenous businesses and entrepreneurs across Canada. ICIP refers to all the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. Work to collect and analyze data on the awareness and use of IP protections, services and resources by Indigenous businesses and entrepreneurs has started and results are expected to be published in 2020. Canada Council for the Arts Indigenous Peoples, Cultural Heritage, and the Law. To learn more about the future of Indigenous prosperity, read the full paper here. The Indigenous Intellectual Property Program grant supports Indigenous peoples' IP awareness and capacity building as well as participation in the development and implementation of law, policy and programs at both the domestic and international level relating to the relationship between IP and the protection of Indigenous knowledge and cultural expressions. The meeting was one of the first gatherings of its kind in Canada’s North, designed to identify gaps where intellectual property law has neglected to include creative expression and traditional knowledge that comes from Arctic and Indigenous regions. Indigenous Languages and Cultures Program, Canadian Heritage Indigenous peoples and intellectual property. Indigenous peoples may also find that barriers hinder their use of the formal IP system. Innovation, Science and Economic Development Canada, Please visit the Indigenous Peoples and Intellectual Property webpage for more information. IP generally refers to creations of the mind, including inventions, literary and artistic works, designs and symbols, and names and images used in business. ‘This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. These laws set out the different types of IP, the nature of rights, criteria for protection, scope of protection, duration, among other things. Such differences result in potential gaps where the protections under the formal IP system do not extend to some types of Indigenous knowledge and cultural expressions. ACKNOWLEDGEMENT of PRE-EXISTING INDIGENOUS IP. A full discussion of bioprospecting and Indigenous peoples is outside the scope of this paper, but see for example Josephine Axt, M.L. Indigenous Program, Canadian Heritage We are Here: Sharing Stories, Social Sciences and Humanities Research Council Northern Affairs Canada) IP Intellectual Property WIP OWorld Intellectual Property Organization The Contractors: Simon Brascoupé (Algonquin-Mohawk) is an Ottawa-based Aboriginal consultant, artist and university lecturer. In spring 2018, the Minister of Innovation, Science and Economic Development announced an Intellectual Property Strategy as part of Canada's Innovation and Skills Plan. The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights Mauro Barelli . From: Innovation, Science and Economic Development Canada. ICIP stands for Indigenous Cultural and Intellectual Property. formal IP protection often requires the identification of a known individual creator(s) or inventor(s) in order to determine the holders of the IP rights. Furthermore, provincial legislation in this area has proven to be deficient in recognizing and affirming indigenous culture and heritage, according to one commentator. These marks often relate to traditional symbols and names, and are used to identify a wide range of goods and services, ranging from traditional art and artwork to food products, clothing, tourist services and enterprises run by Indigenous communities. The intersection of the intellectual property (IP) system and the protection of Indigenous knowledge and cultural expressions is receiving increasing attention with Indigenous peoples in Canada, among government policy-makers and in international trade and policy fora. ICC Canada Office 75 Albert Street, Suite 1001 Ottawa, Ontario Canada K1P 5E7 +1 613 563 2642 Email: firstname.lastname@example.org Please visit the Indigenous Peoples and Intellectual Property webpage for more information. 2. Indigenous Capacity Support Program, Library and Archives Canada Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. 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. The World Intellectual Property Organization and Traditional Knowledge--Sara Bannerman 4.
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