Intellectual property can be a powerful tool for indigenous peoples and local communities (IPLCs). Used strategically, it can help you promote your own products and services, and prevent the misappropriation of your traditional knowledge and culture. This short guide explains how, with plenty of examples of IPLCs who have made the most of their intellectual property rights.
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
This Guide provides general information about intellectual property (IP) and cultural interests. It identifies the main IP challenges faced by festival organizers and outlines some practical elements of an effective IP management strategy, following a step-by-step approach.
The problems related to the process of industrialisation such as biodiversity depletion, climate change and a worsening of health and living conditions, especially but not only in developing countries, intensify. Therefore, there is an increasing need to search for integrated solutions to make development more sustainable. The United Nations has acknowledged the problem and approved the “2030 Agenda for Sustainable Development”. On 1st January 2016, the 17 Sustainable Development Goals (SDGs) of the Agenda officially came into force. These goals cover the three dimensions of sustainable development: economic growth, social inclusion and environmental protection. The Encyclopedia of the UN Sustainable Development Goals comprehensively addresses the SDGs in an integrated way. It encompasses 17 volumes, each one devoted to one of the 17 SDGs. This volume addresses SDG 12, namely "Ensure sustainable consumption and production patterns" and contains the description of a range of terms, which allows a better understanding and fosters knowledge. Concretely, the defined targets are: Implement the 10-Year Framework of Programmes on Sustainable Consumption and Production Patterns, all countries taking action, with developed countries taking the lead, taking into account the development and capabilities of developing countries Achieve the sustainable management and efficient use of natural resources Halve per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses Achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks, and significantly reduce their release to air, water and soil in order to minimize their adverse impacts on human health and the environment Substantially reduce waste generation through prevention, reduction, recycling and reuse Encourage companies, especially large and transnational companies, to adopt sustainable practices and to integrate sustainability information into their reporting cycle Promote public procurement practices that are sustainable, in accordance with national policies and priorities Ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature Support developing countries to strengthen their scientific and technological capacity to move towards more sustainable patterns of consumption and production Develop and implement tools to monitor sustainable development impacts for sustainable tourism that creates jobs and promotes local culture and products Rationalize inefficient fossil-fuel subsidies that encourage wasteful consumption by removing market distortions, in accordance with national circumstances, including by restructuring taxation and phasing out those harmful subsidies, where they exist, to reflect their environmental impacts, taking fully into account the specific needs and conditions of developing countries and minimizing the possible adverse impacts on their development in a manner that protects the poor and the affected communities Editorial Board Medani P. Bhandari, Luciana Londero Brandli, Morgane M. C. Fritz, Ulla A. Saari, Leonardo L. Sta Romana
"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."--
There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.
Cultural Genocide and the Protection of Cultural Heritage examines the various lenses through which the international community defines attacks on cultural heritage—legal, accountability, security, counterterrorism, and atrocity prevention—and proposes a sixth, cultural genocide, that can be used to recast the debate over how to best protect the world’s cultural heritage.
This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Cultural and spiritual bonds with ‘nature’ are among the strongest motivators for nature conservation; yet they are seldom taken into account in the governance and management of protected and conserved areas. The starting point of this book is that to be sustainable, effective, and equitable, approaches to the management and governance of these areas need to engage with people’s deeply held cultural, spiritual, personal, and community values, alongside inspiring action to conserve biological, geological, and cultural diversity. Since protected area management and governance have traditionally been based on scientific research, a combination of science and spirituality can engage and empower a variety of stakeholders from different cultural and religious backgrounds. As evidenced in this volume, stakeholders range from indigenous peoples and local communities to those following mainstream religions and those representing the wider public. The authors argue that the scope of protected area management and governance needs to be extended to acknowledge the rights, responsibilities, obligations, and aspirations of stakeholder groups and to recognise the cultural and spiritual significance that ‘nature’ holds for people. The book also has direct practical applications. These follow the IUCN Best Practice Guidelines for protected and conserved area managers and present a wide range of case studies from around the world, including Africa, Asia, Australia, Europe, and the Americas.
