Talk:Indigenous intellectual property

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Work in Progress[edit]

This indigenous intellectual property article was identified as needed/absent following discussions at Wikipedia:Australian_Wikipedians'_notice_board, Wikipedia:Village_pump_(policy)/Archive 8#Traditional_Knowledge_Disclaimer and Wikipedia_talk:General_disclaimer#Traditional_Knowledge.

It remains, at present, a 'work in progress', as I for one hope and intend to include brief review of various declarations, extracts from United Nations Declarations, summary of WIPO and other fact finding reports, identify laws around the world relating to indigenous IP etc (yep, lots of fun, for those who wish to assist expand it!) Bruceanthro (talk) 20:28, 29 November 2007 (UTC)

Hopi and Apache Versus American Museums[edit]

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I have found on an Anthropological journal from the university of Chicago: Current Anthropology: Can Culture Be Copyrighted? a very good example of a dispute for cultural patrimony: It is the Hopi & Apache versus American Museums in 1994. They wanted everything back, including written records. This was allowed under the NAPGRA Native American Graves Protection and Repatriation Act. Do you think it is a good idea to post it up? Xavier Peniche (talk) 18:37, 12 October 2010 (UTC)

It shouldn't be posted in its entirety, but it can probably be cited as a reference. GorillaWarfare talk 12:10, 13 October 2010 (UTC)

Mess[edit]

This article is a total mess. Headings are not to contain links or refs or repeat article title. References are full of all capitals when they should be title case. There are far too many quotes, making it is difficult to read as it is not really formal prose. Editors of this article should become more familiar with the Wikipedia:Manual of Style. - Shiftchange (talk) 09:48, 14 June 2010 (UTC)

Hey Shiftchange, I think you're being a little harsh. I've seen plenty of articles in far worse condition than this one .. and I think the content is pretty informative. I, for one, have had a look at the Wikipedia:Manual of Style as suggested, and see a preference that external links not be used within the body of the text; and preference that quotations should not be italised plus few others .. but didn't find those conventions asking/requiring that article heading not be repeated in headings & overuse of quotes etc?! I will, though, if I get a chance later tonight, try to bring more in line with style convention as suggested/asked! Bruceanthro (talk) 11:39, 14 June 2010 (UTC)

- I'm sure the format can be improved. What about the substance? This seems to me unbalanced. Reading the article, you get the impression that there can be no possible objection to the idea, or any practical difficulty in implementing it. It needs balance by inserting some account of objections and difficulties. I'd do this myself, except that I'd have my comments objected to as 'original research'. Anyone have any good references to suitable published articles?Twr57 (talk) 17:09, 16 August 2010 (UTC)

+1 18.26.0.5 (talk) 21:20, 25 October 2010 (UTC)

Multiple issues[edit]

Going along with the "Mess" comments above, this article has huge problems.

Clean up: External links in the body, links in section headers, etc. Original research: This article is ostensibly about intellectual property, yet it talks about and quotes extensively from many declarations that have no real application to the topic. Some government somewhere asserting that cultures should protect culture is NOT the same thing as saying that intellectual property rights were given. The editor who did this made that conclusion, but there is no sources actually supporting that right. Similarly, examples of cultures being offended by use of terms in their culture in advertising or marketing and the company backing down is NOT an admission that the culture had intellectual property rights. POV-pushing: By including all of this material that is not directly related, the article is slanted in a major way toward the view that these groups should or do have intellectual property rights that no law has actually given them. There also is basically nothing to demonstrate the actual prevailing legal thought around the world, which is that these groups do not and should not have any special intellectual property rights.

Frankly, in order for this article to be compliant with Wikipedia policies, it would require completely removing the majority of the current content and a total rewrite of the rest. DreamGuy (talk) 16:55, 6 December 2010 (UTC)

The article is on Indigenous intellectual property, intellectual property has its own article. You appear to have a particular problem with anything on indigenous or traditional knowledge and IP, see public domain. I will sort out the sourcing and will remove the tag. Please read the Wikipedia:Neutral point of view policy.--SasiSasi (talk) 22:03, 6 December 2010 (UTC)
All content in the article appears to be sources. I have removed the neutrality and NPOV tag. Please explain what problems you see with the article in reference to the Wikipedia:Neutral point of view policy.--SasiSasi (talk) 22:16, 6 December 2010 (UTC)
From the lede: "ongoing misappropriation and misuse". Obviously, that's opinion, and is welcome if properly cited as such. Arguments thatthese groups should have intellectual property rights that no law has actually given them is fine, but fiction isn't. --Elvey (talk) 21:44, 25 December 2010 (UTC)

Addressing issues & Removing Issues tags[edit]

Tags identify article as having multiple issues, including some POV etc.

Working onwards from the first paragraph which described the article as being about a 'term' that is used in national and international forums .. to remove POV and issues .. it seems appropriate to try to limit leading paragraph to simple description of the term and it's use .. and shift referenced opinion, such as the following, to a new section .. perhaps entitled 'debate' or 'competing opinions' about the relative pros and cons of the term and/or way it is being used:

Exerpt from pov:

</ref>[1]
Professor Michael F. Brown has described the origin, goals, and challenges facing the movement to establish indigenous IP rights in law thusly:

The digital revolution has dramatically increased the ability of in- dividuals and corporations to appropriate and profit from the cul- tural knowledge of indigenous peoples, which is largely unpro- tected by existing intellectual property law. In response, legal scholars, anthropologists, and native activists now propose new legal regimes designed to defend indigenous cultures by radically expanding the notion of copyright. Unfortunately, these propos- als are often informed by romantic assumptions that ignore the broader crisis of intellectual property and the already imperiled status of the public domain.

Would be glad to make a start on some of the debate around the term and it's use etc .. but should also suggest, in relation to comment made back in December that 'indigenous intellectual property' may be a fiction .. that irrespective of whether or not the term/ concept is linked to anything real in the world .. much like much debated terms such as justice etc .. it is, never-the-less, a term/ concept that does exist .. and IS, as a matter of fact, being used by within the World Intellectual Property Organisation and around the world.

Hope this assists. Bruceanthro (talk) 11:49, 28 January 2011 (UTC)

This article is still horribly biased toward promoting these non-existent "rights" and highly misleading. There is no sane discussion of the topic, only promotion of extreme positions as if they were the only ones out there. Even the name of the article is biased, as the things being discussed do not fall under normal legal definitions of "intellectual property." I have restored the tags, as no improvements happened. DreamGuy (talk) 02:11, 12 January 2012 (UTC)

Updated[edit]

Overhauled the article, though it was mostly just formatting problems by the time I came across it. This is well-sourced and documents an issue that can be contentious. But just because someone may not like the concept of intellectual property rights, doesn't mean we don't document the issue on Wikipedia. Do we go to articles on freeing the slaves or African Americans getting the vote and flag it for POV issues and demand there be a "criticism" section? The article documents the issue, and largely relies on quotes from the Indigenous groups themselves. - Slàn, Kathryn NicDhàna 00:33, 16 February 2014 (UTC)

  1. ^ Brown, Michael F. (1998). "Can Culture Be Copyrighted?" (PDF). Current Anthropology 39 (2): 193–222. ISSN 0011-3204.