Indigenous intellectual property: Difference between revisions
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'''Indigenous intellectual property'''<ref>[https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016)]</ref> 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.<ref>RAINFOREST ABORIGINAL NETWORK (1993) <u>''Julayinbul: Aboriginal Intellectual and Cultural Property Definitions, Ownership and Strategies for Protection.''</u> Rainforest Aboriginal Network. Cairns. Page 65</ref><ref name="UNDRIPart31">Working Group on Indigenous Populations, accepted by the [[United Nations General Assembly]], ''[http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement Declaration on the Rights of Indigenous Peoples] {{webarchive |url=https://web.archive.org/web/20150626112013/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement |date=26 June 2015 }}''; UN Headquarters; New York City (13 September 2007): Article 31: "Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."</ref> |
'''Indigenous intellectual property'''<ref>[https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016)]</ref> 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.<ref>RAINFOREST ABORIGINAL NETWORK (1993) <u>''Julayinbul: Aboriginal Intellectual and Cultural Property Definitions, Ownership and Strategies for Protection.''</u> Rainforest Aboriginal Network. Cairns. Page 65</ref><ref name="UNDRIPart31">Working Group on Indigenous Populations, accepted by the [[United Nations General Assembly]], ''[http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement Declaration on the Rights of Indigenous Peoples] {{webarchive |url=https://web.archive.org/web/20150626112013/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement |date=26 June 2015 }}''; UN Headquarters; New York City (13 September 2007): Article 31: "Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."</ref> |
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It is a concept that has developed out of predominantly [[Western culture|western]] concepts of intellectual property law, and has most recently been promoted by the [[World Intellectual Property Organization]], as part of a |
It is a concept that has developed out of predominantly [[Western culture|western]] concepts of intellectual property law, and has most recently been promoted by the [[World Intellectual Property Organization]], as part of a more general [[United Nations]] push<ref name="OHCRC001">{{cite web | last = OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS | first = | year = 2007 | url = http://www.ohchr.org/english/issues/indigenous/ | title = Indigenous peoples | format = WEB PAGE | work = | publisher = Office of the United Nations High Commissioner of Human Rights. Geneva | accessdate = 2007-11-29 |archiveurl = https://web.archive.org/web/20071107144031/http://www.ohchr.org/english/issues/indigenous/ |archivedate = 2007-11-07}}</ref> to see the world's indigenous, [[Intangible Cultural Heritage|intangible cultural heritage]] better valued and better protected against perceived, ongoing mistreatment.<ref>DODSON, Page 12.</ref><ref name="WIPO001">[http://www.wipo.int/tk/en/folklore/creative_heritage/index.html WIPO Database of Indigenous Intellectual Property Codes, Guidelines, and Practices] Accessed 28 November 2007. {{webarchive |url=https://web.archive.org/web/20071102070442/http://www.wipo.int/tk/en/folklore/creative_heritage/index.html |date=2 November 2007 }}</ref> |
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[[Nation state]]s 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 [[community|communal]] intellectual property rights largely unprotected.<ref>{{Cite journal | last = Hadley | first = Marie | title = Lack of Political Will or Academic Inertia? - The need for non-legal responses to the issue of Indigenous art and copyright | journal = Alternative Law Journal | volume = 34 | issue = 3 | pages = 152–156 | publisher = Legal Service Bulletin Co-operative Ltd | location = Melbourne | year = 2009 | url = http://www.altlj.org/index.php?option=Articles&task=viewarticle&artid=69#2 |
[[Nation state]]s 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 [[community|communal]] intellectual property rights largely unprotected.<ref>{{Cite journal | last = Hadley | first = Marie | title = Lack of Political Will or Academic Inertia? - The need for non-legal responses to the issue of Indigenous art and copyright | journal = Alternative Law Journal | volume = 34 | issue = 3 | pages = 152–156 | publisher = Legal Service Bulletin Co-operative Ltd | location = Melbourne | year = 2009 | url = http://www.altlj.org/index.php?option=Articles&task=viewarticle&artid=69#2 }}</ref> Therefore, international bodies such as the [[United Nations]] have become involved in the issue,<ref name="UNDRIPart31"/> making more specific declarations that intellectual property also includes cultural property such as historical sites, artefacts, designs, ceremonies, and performing arts in addition to artwork and literature.<ref name="UNDRIPart11">Working Group on Indigenous Populations, accepted by the [[United Nations General Assembly]], ''[http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement Declaration on the Rights of Indigenous Peoples] {{webarchive |url=https://web.archive.org/web/20150626112013/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement |date=26 June 2015 }}''; UN Headquarters; New York City (13 September 2007): Article 11: "Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, '''protect''' and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, '''ceremonies''', technologies and visual and performing arts and literature."[bold added]</ref> |
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== Traditional cultural expressions == |
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The phrase "traditional cultural expressions" is used by the [[World Intellectual Property Organization]] to refer to "any form of artistic and literary expression in which traditional culture and knowledge are embodied. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance."<ref name=Engaging>{{citation|url=https://arts.adelaide.edu.au/linguistics/guide.pdf|title=ENGAGING - A Guide to Interacting Respectfully and Reciprocally with Aboriginal and Torres Strait Islander People, and their Arts Practices and Intellectual Property|author=[[Ghil'ad Zuckermann|Zuckermann, Ghil'ad]]|display-authors=etal|publisher=Australian Government: Indigenous Culture Support|year=2015|p=7|deadurl=yes|archiveurl=https://web.archive.org/web/20160330114112/http://arts.adelaide.edu.au/linguistics/guide.pdf|archivedate=30 March 2016|df=dmy-all}}</ref> |
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Traditional cultural expressions can include designs and styles, which means that applying traditional Western-style international copyright laws{{snd}}which apply to a specific work, rather than a style{{snd}}can be problematic. Indigenous customary law often treats such concepts differently, and may apply restrictions upon the use of underlying styles and concepts.<ref name=Engaging/> |
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== United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), September 2007 == |
== United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), September 2007 == |
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{{main|Declaration on the Rights of Indigenous Peoples}} |
{{main|Declaration on the Rights of Indigenous Peoples}} |
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[[File:UN General Assembly.jpg|thumb|230px|right|United Nations General Assembly 2003]] |
[[File:UN General Assembly.jpg|thumb|230px|right|United Nations General Assembly 2003]] |
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At the United Nation's General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the United Nations [[Declaration on the Rights of Indigenous Peoples]].<ref>{{cite web | last = OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS | year = 2007 | url = http://www.ohchr.org/english/issues/indigenous/declaration.htm | title = Declaration on the rights of indigenous peoples | format = WEB PAGE | |
At the United Nation's General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the United Nations [[Declaration on the Rights of Indigenous Peoples]].<ref>{{cite web | last = OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS | first = | year = 2007 | url = http://www.ohchr.org/english/issues/indigenous/declaration.htm | title = Declaration on the rights of indigenous peoples | format = WEB PAGE | work = | publisher = Office of the United Nations High Commissioner of Human Rights. Geneva | accessdate = 2007-11-29 |archiveurl = https://web.archive.org/web/20071124223454/http://www.ohchr.org/english/issues/indigenous/declaration.htm <!-- Bot retrieved archive --> |archivedate = 2007-11-24}}</ref> Regarding the intellectual property rights of indigenous peoples, the General Assembly recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies...;"<ref>UNITED NATIONS GENERAL ASSEMBLY Page 2</ref> reaffirmed "...that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples...;"<ref>UNITED NATIONS GENERAL ASSEMBLY Page 3</ref> and solemnly proclaimed as an agreed standard for member nations around the world. The [[Native American Rights Fund]] (NARF) has set out several goals around [[treaty law]] and intellectual property, with board member Professor Rebecca Tsosie stressing the importance of these property rights being held collectively, not by individuals. |
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<blockquote>'''Article 11''': ''Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.''<br /> |
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''States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.''<ref>UNITED NATIONS GENERAL ASSEMBLY Page 5</ref><br /><br /> |
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'''Article 24''': ''Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals...''<ref name="UNGA001">UNITED NATIONS GENERAL ASSEMBLY Page 7</ref><br /><br /> |
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'''Article 31''': ''Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.''<br /> |
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''In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights."''<ref name="UNGA001"/></blockquote> |
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==Organizations working on the issue== |
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The [[Native American Rights Fund]] (NARF) has set out several goals around [[treaty law]] and intellectual property, with board member Professor Rebecca Tsosie stressing the importance of these property rights being held collectively, not by individuals: |
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<blockquote>The long-term goal is to actually have a legal system, and certainly a treaty could do that, that acknowledges two things. Number one, it acknowledges that indigenous peoples are peoples with a right to self-determination that includes governance rights over all property belonging to the indigenous people. And, number two, it acknowledges that indigenous cultural expressions are a form of intellectual property and that traditional knowledge is a form of intellectual property, but they are collective resources – so not any one individual can give away the rights to those resources. The tribal nations actually own them collectively.<ref name=Tsosie>{{cite web|url=https://www.narf.org/tsosie-intellectual-property/?fbclid=IwAR0Q-s4Q0FCh8Z90YdA45sRXgFFjXp3wotpscShcaVwRPWDDecoOGCRjva0 |title=Current Issues in Intellectual Property Rights to Cultural Resources|last=Tsosie |first=Rebecca |work=Native American Rights Fund|date=June 25, 2017|accessdate=April 17, 2019}}</ref></blockquote> |
<blockquote>The long-term goal is to actually have a legal system, and certainly a treaty could do that, that acknowledges two things. Number one, it acknowledges that indigenous peoples are peoples with a right to self-determination that includes governance rights over all property belonging to the indigenous people. And, number two, it acknowledges that indigenous cultural expressions are a form of intellectual property and that traditional knowledge is a form of intellectual property, but they are collective resources – so not any one individual can give away the rights to those resources. The tribal nations actually own them collectively.<ref name=Tsosie>{{cite web|url=https://www.narf.org/tsosie-intellectual-property/?fbclid=IwAR0Q-s4Q0FCh8Z90YdA45sRXgFFjXp3wotpscShcaVwRPWDDecoOGCRjva0 |title=Current Issues in Intellectual Property Rights to Cultural Resources|last=Tsosie |first=Rebecca |work=Native American Rights Fund|date=June 25, 2017|accessdate=April 17, 2019}}</ref></blockquote> |
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== A history of claims and declarations regarding Indigenous Intellectual Property == |
== A history of claims and declarations regarding Indigenous Intellectual Property == |
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A number of [[Indigenous Peoples of the Americas|Native American]] and [[First Nations]] communities have issued tribal declarations over the past 35 years. In the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993),<ref>{{cite web|author=WATSON, Irene |title=1993: International Year for Indigenous Peoples |publisher=AustLII |year=1992 |work=<u>Aboriginal Law Bulletin</u> |url=http://www.austlii.edu.au/au/journals/AboriginalLB/1992/52.html |accessdate=2007-11-29 }}{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004),<ref name="OHCRC001"/> a number of conferences of both Indigenous and non-Indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining "indigenous intellectual property" though |
A number of [[Indigenous Peoples of the Americas|Native American]] and [[First Nations]] communities have issued tribal declarations over the past 35 years. In the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993),<ref>{{cite web|author=WATSON, Irene |title=1993: International Year for Indigenous Peoples |publisher=AustLII |year=1992 |work=<u>Aboriginal Law Bulletin</u> |url=http://www.austlii.edu.au/au/journals/AboriginalLB/1992/52.html |accessdate=2007-11-29 }}{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004),<ref name="OHCRC001"/> a number of conferences of both Indigenous and non-Indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining "indigenous intellectual property" though these statements have not been found to have legal weight. |
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===Intertribal coalitions in North America=== |
===Intertribal coalitions in North America=== |
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Since the 1970s, Intertribal groups in North American have organized demonstrations against non-Native use of Native American cultural elements; such as the sale of products and services allegedly derived from [[Indigenous knowledge]]:<ref name=hagan>Hagan, Helene E. [http://www.sonomacountyfreepress.com/features/spirg-hagan.html "The Plastic Medicine People Circle."] {{webarchive|url=https://web.archive.org/web/20130305155048/http://www.sonomacountyfreepress.com/features/spirg-hagan.html |date=5 March 2013 }} ''Sonoma Free County Press.'' Accessed 31 Jan 2013: "Shequish...came to the attention of Native American people two years ago as an impostor who pretended to have Shumash ancestry. I received a personal telephone call and a letter from the Chairman of a Shumash group south of Monterey. This phone call and a letter followed a Council meeting in which Shumash people took the decision to put a stop to Shequish Ohoho's activities in the Bay area as an 'Indian woman.' A group of real Indian women of San Francisco led a protest against Shequish and effectively terminated her money making seminars and ceremonies in this area. Her real name and background are known to California Indians who have denied her any tribal affiliation."</ref><ref name="Sieg1">Sieg, Katrin, ''Ethnic Drag: Performing Race, Nation, Sexuality in West Germany''; University of Michigan Press (20 August 2002) p.232</ref> |
Since the 1970s, Intertribal groups in North American have organized demonstrations against non-Native use of Native American cultural elements; such as the sale of products and services allegedly derived from [[Indigenous knowledge]]:<ref name=hagan>Hagan, Helene E. [http://www.sonomacountyfreepress.com/features/spirg-hagan.html "The Plastic Medicine People Circle."] {{webarchive|url=https://web.archive.org/web/20130305155048/http://www.sonomacountyfreepress.com/features/spirg-hagan.html |date=5 March 2013 }} ''Sonoma Free County Press.'' Accessed 31 Jan 2013: "Shequish...came to the attention of Native American people two years ago as an impostor who pretended to have Shumash ancestry. I received a personal telephone call and a letter from the Chairman of a Shumash group south of Monterey. This phone call and a letter followed a Council meeting in which Shumash people took the decision to put a stop to Shequish Ohoho's activities in the Bay area as an 'Indian woman.' A group of real Indian women of San Francisco led a protest against Shequish and effectively terminated her money making seminars and ceremonies in this area. Her real name and background are known to California Indians who have denied her any tribal affiliation."</ref><ref name="Sieg1">Sieg, Katrin, ''Ethnic Drag: Performing Race, Nation, Sexuality in West Germany''; University of Michigan Press (20 August 2002) p.232</ref> |
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<blockquote>"It is a very alarming trend. So alarming that it came to the attention of an international and intertribal group of medicine people and spiritual leaders called the Circle of Elders. They were highly concerned with these activities and during one of their gatherings addressed the issue by publishing a list of [[Plastic Shaman]]s in ''Akwesasne Notes'', along with a plea for them to stop their exploitative activities. One of the best known Plastic Shamans, Lynn Andrews, has been picketed by the Native communities in New York, Minneapolis, San Francisco, Seattle and other cities.<ref name="Sieg1"/></blockquote> |
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===Resolution of the 5th Annual Meeting of the Traditional Elders Circle, October 1980=== |
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Before ceremonies and ceremonial knowledge were affirmed as protected intellectual property by the [[United Nations General Assembly|U.N. General Assembly]],<ref name="UNDRIPart11"/> smaller coalitions of Indigenous cultural leaders met to issue declarations about protection of ceremonial knowledge.<ref name="Rez5">Yellowtail, Tom, ''et al''; "[http://www.thepeoplespaths.net/history/elders.html Resolution of the 5th Annual Meeting of the Traditional Elders Circle]" Northern Cheyenne Nation, Two Moons' Camp, Rosebud Creek, Montana; 5 October 1980</ref><ref name="LDNwar1">Mesteth, Wilmer, et al (10 June 1993) "[http://www.thepeoplespaths.net/articles/ladecwar.htm Declaration of War Against Exploiters of Lakota Spirituality]." "At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota (LDN) Nations, about 500 representatives from 40 different tribes and bands of the LDN peoples unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality." The following declaration was unanimously passed."</ref><ref name="taliman1">Taliman, Valerie (1993) "[http://www.thepeoplespaths.net/articles/warlakot.htm Article On The 'Lakota Declaration of War']."</ref></blockquote> In 1980, spiritual leaders of the [[Cheyenne people|Northern Cheyenne]], [[Navajo people|Navajo]], [[Hopi people|Hopi]], [[Muscogee people|Muskogee]], [[Ojibwe people|Chippewa]]-[[Cree]], [[Iroquois|Haudenosaunee]] and [[Lakota people|Lakota]] Nations met on the [[Northern Cheyenne Reservation]] in [[Montana]],<ref name="Rez5"/> and issued a resolution that: |
Before ceremonies and ceremonial knowledge were affirmed as protected intellectual property by the [[United Nations General Assembly|U.N. General Assembly]],<ref name="UNDRIPart11"/> smaller coalitions of Indigenous cultural leaders met to issue declarations about protection of ceremonial knowledge.<ref name="Rez5">Yellowtail, Tom, ''et al''; "[http://www.thepeoplespaths.net/history/elders.html Resolution of the 5th Annual Meeting of the Traditional Elders Circle]" Northern Cheyenne Nation, Two Moons' Camp, Rosebud Creek, Montana; 5 October 1980</ref><ref name="LDNwar1">Mesteth, Wilmer, et al (10 June 1993) "[http://www.thepeoplespaths.net/articles/ladecwar.htm Declaration of War Against Exploiters of Lakota Spirituality]." "At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota (LDN) Nations, about 500 representatives from 40 different tribes and bands of the LDN peoples unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality." The following declaration was unanimously passed."</ref><ref name="taliman1">Taliman, Valerie (1993) "[http://www.thepeoplespaths.net/articles/warlakot.htm Article On The 'Lakota Declaration of War']."</ref></blockquote> In 1980, spiritual leaders of the [[Cheyenne people|Northern Cheyenne]], [[Navajo people|Navajo]], [[Hopi people|Hopi]], [[Muscogee people|Muskogee]], [[Ojibwe people|Chippewa]]-[[Cree]], [[Iroquois|Haudenosaunee]] and [[Lakota people|Lakota]] Nations met on the [[Northern Cheyenne Reservation]] in [[Montana]],<ref name="Rez5"/> and issued a resolution that: |
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<blockquote>''These [non-Native] individuals are gathering non-Indian people as followers who believe they are receiving instructions of the original people. We, the Elders and our representatives sitting in Council, give warning to these non-Indian followers that it is our understanding this is not a proper process, that the authority to carry these sacred objects is given by the people...''<ref name="Rez5"/></blockquote> |
<blockquote>''These [non-Native] individuals are gathering non-Indian people as followers who believe they are receiving instructions of the original people. We, the Elders and our representatives sitting in Council, give warning to these non-Indian followers that it is our understanding this is not a proper process, that the authority to carry these sacred objects is given by the people...''<ref name="Rez5"/></blockquote> The first international congress of the International Society of Ethnobiology involving scientists, environmentalists and Indigenous peoples met at [[Belém]], [[Brazil]]. They identified themselves collectively as '[[Ethnobiology|ethnobiologists]]', and announced that (amongst other matters) since "Indigenous cultures around the world are being disrupted and destroyed." |
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⚫ | In 1994 a number of Native American tribal organizations demanded that museums remove certain materials from exhibition and access to the public. They cited the [[Native American Graves Protection and Repatriation Act]] (NAGPRA) as the legal basis for these complaints. Their position was that they would only permit such uses selectively and with express permission of the living relatives of the human remains and grave goods the museums wished to exhibit.<ref name=Brown /> Vernon Masayesva, CEO of the [[Hopi]] Tribe, and a consortium of [[Apache]] tribes demanded a number of American museums end all public exhibition of, and access to, materials from their tribal cultures; including "images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished."<ref name=Brown>{{cite journal | last = Brown | first = Michael F. | authorlink = | title = Can Culture Be Copyrighted? | journal = Current Anthropology | volume = 39 | issue = 2 | pages = 193–222 | date = April 1998 | url = | jstor = 10.1086/204721 | doi=10.1086/204721}}<!--| accessdate = 12 Dec 2014 --></ref> |
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===Declaration of Belém, July 1988=== |
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The first international congress of the International Society of Ethnobiology involving scientists, environmentalists and Indigenous peoples met at [[Belém]], [[Brazil]]. They identified themselves collectively as '[[Ethnobiology|ethnobiologists]]', and announced that (amongst other matters) since "Indigenous cultures around the world are being disrupted and destroyed.": |
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<blockquote>''"Mechanisms [ought to] be established by which indigenous specialists are recognized as proper Authorities and are consulted in all programs affecting them, their resources and their environment"''<br /> |
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''"Procedures must be developed to compensate native peoples for the utilization of their knowledge and their biological resources"<ref>{{cite web|author=|title=Declaration of Belem|year=1988|format=PDF|website=|url=http://www.ethnobiology.net/what-we-do/core-programs/global-coalition-2/declaration-of-belem/|accessdate=2019-06-03}}</ref>''</blockquote> |
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===South American Declarations=== |
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===Kari-Oca Declaration and Indigenous Peoples Earth Charter, May 1992 === |
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The Kari-Oca Declaration and [[charter]] was first affirmed in [[Brazil]] in May 1992, and then re-affirmed in [[Indonesia]], in June 2002. Ratifying the document were Indigenous peoples from the Americas, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which indigenous peoples depend. |
The Kari-Oca Declaration and [[charter]] was first affirmed in [[Brazil]] in May 1992, and then re-affirmed in [[Indonesia]], in June 2002. Ratifying the document were Indigenous peoples from the Americas, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which indigenous peoples depend. Specific reference is made within the Indigenous Peoples Earth Charter to perceived abuses of indigenous people's intellectual and cultural properties.<ref>[[Henrietta Marrie|FOURMILE, Henrietta]] (1996) "Making things work: Aboriginal and Torres Strait Islander Involvement in Bioregional Planning" in ''Approaches to bioregional planning. Part 2. Background Papers to the conference; 30 October – 1 November 1995, Melbourne''; Department of the Environment, Sport and Territories. Canberra. p.235</ref> Under the heading,"''Culture, Science and Intellectual Property''", amongst other matters, it is asserted:<ref>FOURMILE pages 260–261</ref> At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota Nations, about 500 representatives from 40 different tribes and bands of the Lakota unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality."<ref name="LDNwar1"/><ref name="taliman1"/> Representatives affirmed a zero-tolerance policy on the exploitation of Lakota, Dakota and Nakota ceremonial knowledge.<ref name="LDNwar1"/><ref name="taliman1"/> |
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In 1994, a regional meeting was held at [[Santa Cruz de la Sierra]], [[Bolivia]] where indigenous peoples from the South America's concerned about the way internationally prevailing intellectual property systems and regimes appeared to be favouring the appropriation of indigenous peoples' knowledge and resources for commercial purposes, agreed:<ref name="FOUR02">FOURMILE 1996: Pages 266–267.</ref> In 1995, Indigenous People of Asia met at [[Tambunan]], [[Sabah]], East [[Malaysia]], to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. <ref name="FOUR003">FOURMILE 1996: Pages 268–269.</ref> Also in 1995, Participants from the independent countries and "nonautonomous colonised territories" of the Pacific region met in [[Suva]], [[Fiji]] to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives.<ref name="FOUR004">FOURMILE 1996: Pages 270–272.</ref> In particular participants:<ref name="FOUR004"/> In 2002, Indigenous people from around the world attended an international indigenous peoples' summit on sustainable development in Khoi-San Territory, [[Kimberley, Northern Cape|Kimberley]], [[South Africa]], where they reaffirmed previous declarations and statements (above), and, among other matters, declared that "traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft.''<ref name="WIPO001"/> |
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Specific reference is made within the Indigenous Peoples Earth Charter to perceived abuses of indigenous people's intellectual and cultural properties.<ref>[[Henrietta Marrie|FOURMILE, Henrietta]] (1996) [http://citeseerx.ist.psu.edu/viewdoc/download;jsessionid=4119F63508E5D20E56A52B059BA68F84?doi=10.1.1.214.4609&rep=rep1&type=pdf "Making things work: Aboriginal and Torres Strait Islander Involvement in Bioregional Planning" in ''Approaches to bioregional planning. Part 2. Background Papers to the conference; 30 October – 1 November 1995, Melbourne''; Department of the Environment, Sport and Territories. Canberra. p.235]</ref> Under the heading,"''Culture, Science and Intellectual Property''", amongst other matters, it is asserted:<ref>FOURMILE pages 260–261</ref> |
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===Asian Declarations=== |
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<blockquote>'''''99''': The usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples...''<br /> |
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'''''102''': As creators and carriers of civilizations which have given and continue to share knowledge, experience, and values with humanity, we require that our right to intellectual and cultural properties be guaranteed and that mechanisms for each be in favour of our peoples...''<br /> |
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'''''104''': The protection, norms and mechanism of artistic and artisan creation of our peoples must be established and implemented in order to avoid plunder, plagiarism, undue exposure, and use...''<ref name="WIPO001">[http://www.wipo.int/tk/en/folklore/creative_heritage/index.html WIPO Database of Indigenous Intellectual Property Codes, Guidelines, and Practices] Accessed 28 November 2007. {{webarchive |url=https://web.archive.org/web/20071102070442/http://www.wipo.int/tk/en/folklore/creative_heritage/index.html |date=2 November 2007 }}</ref></blockquote> |
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===Declaration of War Against Exploiters of Lakota Spirituality, June 1993=== |
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At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota Nations, about 500 representatives from 40 different tribes and bands of the Lakota unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality."<ref name="LDNwar1"/><ref name="taliman1"/> Representatives affirmed a zero-tolerance policy on the exploitation of Lakota, Dakota and Nakota ceremonial knowledge.<ref name="LDNwar1"/><ref name="taliman1"/> |
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<blockquote>'''Whereas''' ''we are conveners of an ongoing series of comprehensive forums on the abuse and exploitation of Lakota spirituality; and''<br /> |
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'''Whereas''' ''we represent the recognized Lakota leaders, traditional elders, and grassroots advocates of the Lakota people; and ... ''<br/> |
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'''Whereas''' ''non-Indian charlatans and "wannabes" are selling books that promote systematic colonization of our Lakota spirituality; and ''<br/> |
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'''Whereas''' ''this exponential exploitation of our Lakota spiritual traditions requires that we take immediate action to defend our most precious Lakota spirituality from further contamination, desecration and abuse; ...''<ref name="LDNwar1"/><ref name="taliman1"/> <br /> |
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'''6.''' ''We urge traditional people, tribal leaders, and governing councils of all other Indian Nations, as well as all national Indian organizations, to join us in calling for an immediate end to this rampant exploitation of our respective American Indian sacred traditions by issuing statements denouncing such abuse; for it is not the Lakota, Dakota and Nakota people alone whose spiritual practices are being systematically violated by non-Indians.''<br/> |
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'''7.''' ''We urge all our Indian brothers and sisters to act decisively and boldly in our present campaign to end the destruction of our sacred traditions, keeping in mind that our highest duty as Indian people: to preserve the purity of our precious traditions for future generations, so that our children and our children's children will survive and prosper in the sacred manner intended for each of our respective peoples by our Creator.''<ref name="LDNwar1"/><ref name="taliman1"/></blockquote> |
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===Mātaatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples, June 1993=== |
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On 18 June 1993, 150 delegates from fourteen countries, including indigenous representatives from Japan ([[Ainu people|Ainu]]), Australia, [[Cook Islands]], [[Fiji]], India, [[Panama]], [[Peru]], [[Philippines]], [[Surinam]], United States and [[Aotearoa]] (New Zealand) met at Whakatane ([[Bay of Plenty]] region of New Zealand). The assembly affirmed Indigenous peoples' knowledge is of benefit to all humanity; recognised Indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; insisted the first beneficiaries of Indigenous knowledge must be the direct Indigenous descendants of such knowledge; and declared all forms of exploitation of Indigenous knowledge must cease.<ref name="FOURMILE page 262">FOURMILE page 262</ref> |
On 18 June 1993, 150 delegates from fourteen countries, including indigenous representatives from Japan ([[Ainu people|Ainu]]), Australia, [[Cook Islands]], [[Fiji]], India, [[Panama]], [[Peru]], [[Philippines]], [[Surinam]], United States and [[Aotearoa]] (New Zealand) met at Whakatane ([[Bay of Plenty]] region of New Zealand). The assembly affirmed Indigenous peoples' knowledge is of benefit to all humanity; recognised Indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; insisted the first beneficiaries of Indigenous knowledge must be the direct Indigenous descendants of such knowledge; and declared all forms of exploitation of Indigenous knowledge must cease.<ref name="FOURMILE page 262">FOURMILE page 262</ref> |
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Under Section 2 of their declaration they specifically ask State, National and International Agencies to:<ref name="FOURMILE page 262"/> |
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<blockquote>'''''2.1''': Recognise that Indigenous peoples are the guardians of their customary knowledge and have the right to protect and control dissemination of that knowledge.''<br /> |
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'''''2.2''': Recognise that Indigenous peoples also have the right to create new knowledge based on cultural tradition"''<br /> |
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'''''2.3''': Accept that the cultural and intellectual property rights of Indigenous peoples are vested with those who created them.''<ref name="WIPO001"/></blockquote> |
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===Julayinbul Statement on Indigenous Intellectual Property Rights, November 1993=== |
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[[File:JulayinbulIP.jpg|thumb|270px|right|Julayinbul Aboriginal Intellectual Property Conference Logo (1993)]] |
[[File:JulayinbulIP.jpg|thumb|270px|right|Julayinbul Aboriginal Intellectual Property Conference Logo (1993)]] |
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The Julayinbul Statement on Indigenous Intellectual Property Rights arose out of a meeting of Indigenous and non-Indigenous specialists, who, at [[Daintree, Queensland|Jingarrba]], in north-eastern Australia, agreed Indigenous intellectual property rights are best determined from within the [[Custom (law)|customary law]]s of the Indigenous groups' themselves.<ref>FOURMILE page 236</ref> Within the declaration, Indigenous customary laws are (re)named 'Aboriginal common laws', and it is insisted these laws must be acknowledged and treated as equal to any other systems of law:<ref>FOURMILE pages 264</ref> |
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⚫ | |||
<blockquote>''...Indigenous Peoples and Nations reaffirm their right to define for themselves their own intellectual property, acknowledging...the uniqueness of their own particular heritage.''<br /> |
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''...Indigenous Peoples and Nations...declare that we...are willing to share [our intellectual property] with all humanity provided that our fundamental rights to define and control this property are recognised by the international community...''<br /> |
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''Aboriginal intellectual property, within Aboriginal Common Law, is an inherent, inalienable right which cannot be terminated, extinguished, or taken... Any use of the intellectual property of Aboriginal Nations and Peoples may only be done in accordance with Aboriginal Common Law, and any unauthorised use is strictly prohibited."<ref name="WIPO001"/><ref>RAINFOREST ABORIGINAL NETWORK Pages 9–13</ref></blockquote> |
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===Hopi and Apache opt-out from American museums=== |
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⚫ | In 1994 a number of Native American tribal organizations demanded that museums remove certain materials from exhibition and access to the public. They cited the [[Native American Graves Protection and Repatriation Act]] (NAGPRA) as the legal basis for these complaints. Their position was that they would only permit such uses selectively and with express permission of the living relatives of the human remains and grave goods the museums wished to exhibit.<ref name=Brown /> Vernon Masayesva, CEO of the [[Hopi]] Tribe, and a consortium of [[Apache]] tribes demanded a number of American museums end all public exhibition of, and access to, materials from their tribal cultures; including "images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished."<ref name=Brown>{{cite journal | last = Brown | first = Michael F. | authorlink = | title = Can Culture Be Copyrighted? | journal = Current Anthropology | volume = 39 | issue = 2 | pages = 193–222 | date = April 1998 | url = |
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| jstor = 10.1086/204721 | doi=10.1086/204721}}<!--| accessdate = 12 Dec 2014 --></ref> |
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===Santa Cruz de la Sierra Statement on Intellectual Property, September 1994=== |
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A regional meeting was held at [[Santa Cruz de la Sierra]], [[Bolivia]] where indigenous peoples from the South America's concerned about the way internationally prevailing intellectual property systems and regimes appeared to be favouring the appropriation of indigenous peoples' knowledge and resources for commercial purposes, agreed:<ref name="FOUR02"/> |
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<blockquote>''For members of indigenous peoples, knowledge and determination of the use of resources are collective and intergenerational. No...individuals or communities, nor the Government, can sell or transfer ownership of [cultural] resources which are the property of the people and which each generation has an obligation to safeguard for the next.''<br /> |
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''Work must be conducted on the design of a protection and recognition system which is in accordance with ..our own conception, and mechanisms must be developed .. which will prevent appropriation of our resources and knowledge.''<br /> |
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''There must be appropriate mechanisms for maintaining and ensuring the right of Indigenous peoples to deny indiscriminate access to the [cultural] resources of our communities or peoples and making it possible to contest patents or other exclusive rights to what is essentially Indigenous.''<ref name="FOUR02">FOURMILE 1996: Pages 266–267.</ref></blockquote> |
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===Tambunan Statement on the Protection and Conservation of Indigenous Knowledge, February 1995=== |
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Indigenous people of Asia met at [[Tambunan]], [[Sabah]], East [[Malaysia]], to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. It was agreed:<ref name="FOUR003"/> |
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<blockquote>''For the Indigenous peoples of Asia, the intellectual property rights system is not only a very new concept but it is also very western...[W]ith [western style] intellectual property property rights, alien laws will be devised to exploit the Indigenous knowledge and [cultural] resources of the Indigenous peoples.''<br /> |
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''Indigenous peoples are not benefiting from the intellectual property rights system. Indigenous knowledge and [cultural] resources are being eroded, exploited and/or appropriated by outsiders in the likes of transnational corporations, institutions, researchers, and scientists who are after profits and benefits gained..''<ref name="FOUR003">FOURMILE 1996: Pages 268–269.</ref></blockquote> |
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===Suva Statement on Indigenous Peoples Knowledge and Intellectual Property Rights, April 1995=== |
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Participants from the independent countries and "nonautonomous colonised territories" of the Pacific region met in [[Suva]], [[Fiji]] to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives<ref name="FOUR004"/>(above). In particular participants:<ref name="FOUR004"/> |
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<blockquote>''Reaffirm[ed] that imperialism is perpetuated through [western] intellectual property rights systems...''<br /> |
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''Declare[d] Indigenous peoples are willing to share our knowledge with humanity provided we determine when, where and how it is used: at present the international system does not recognise or respect our past, present and potential contribution...''<br /> |
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''Seek[s] repatriation of Indigenous peoples [cultural] resources already held in external collections, and seek[s] compensation and royalties from commercial developments resulting from these resources''<br /> |
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''...encourage[s]...governments...to protest against any [[General Agreement on Tariffs and Trade]] provisions which facilitate the expropriation of Indigenous peoples' knowledge and resources...[to instead] incorporate the concerns of Indigenous peoples...into legislation...''<br /> |
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''[Seek to] Strengthen the capacities of Indigenous peoples to maintain their oral traditions, and encourage initiatives by Indigenous peoples to record their knowledge .. according to their customary access procedures.''<br /> |
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''"Urge universities, churches, government, non-government organizations, and other institutions to reconsider their roles in the expropriation of Indigenous people's knowledge and resources and to assist in their return to their rightful owners."''<ref name="FOUR004">FOURMILE 1996: Pages 270–272.</ref></blockquote> |
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⚫ | |||
[[File:Te Raparaha, chief of the Kawias, watercolour by R. Hall, c. 1840s.jpg|thumb|right|150px|[[Te Rauparaha]], alleged composer of ''Ka Mate''.]] |
[[File:Te Raparaha, chief of the Kawias, watercolour by R. Hall, c. 1840s.jpg|thumb|right|150px|[[Te Rauparaha]], alleged composer of ''Ka Mate''.]] |
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{{Main|Ka Mate}} |
{{Main|Ka Mate}} |
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:"...record the authorship and significance of the haka Ka Mate to Ngāti Toa and ... work with Ngāti Toa to address their concerns with the haka... [but] does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate...".<ref>[http://nz01.terabyte.co.nz/ots/livearticle.asp?ArtID=1234231829 Ngāti Toa Rangatira Letter of Agreement] {{webarchive|url=https://web.archive.org/web/20100521222630/http://nz01.terabyte.co.nz/ots/LiveArticle.asp?ArtID=1234231829 |date=21 May 2010 }}</ref><ref>{{cite web|url=http://news.bbc.co.uk/2/hi/asia-pacific/7882775.stm|title=New Zealand Maori win haka fight |date=11 February 2009|work=BBC News|accessdate=29 April 2010}}</ref> |
:"...record the authorship and significance of the haka Ka Mate to Ngāti Toa and ... work with Ngāti Toa to address their concerns with the haka... [but] does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate...".<ref>[http://nz01.terabyte.co.nz/ots/livearticle.asp?ArtID=1234231829 Ngāti Toa Rangatira Letter of Agreement] {{webarchive|url=https://web.archive.org/web/20100521222630/http://nz01.terabyte.co.nz/ots/LiveArticle.asp?ArtID=1234231829 |date=21 May 2010 }}</ref><ref>{{cite web|url=http://news.bbc.co.uk/2/hi/asia-pacific/7882775.stm|title=New Zealand Maori win haka fight |date=11 February 2009|work=BBC News|accessdate=29 April 2010}}</ref> |
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However, a survey of nineteenth-century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before |
However, a survey of nineteenth-century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before the tribal origination claimed by Ngāti Toa chief Te Rauparaha. When Ngāti Toa authorities were asked for evidence that Ka Mate was of Ngāti Toa authorship, they were unable to provide any.<ref>{{cite web|url=http://folksong.org.nz/ka_mate/ka_mate.pdf|title=Archer J.H. (2009) Ka Mate; its origins, development and significance}}</ref> |
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=== |
==== Lego's Bionicle ==== |
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In 2001 a dispute concerning the popular [[LEGO]] toy-line "[[Bionicle]]" arose between [[Denmark|Danish]] toymaker [[Lego Group]] and several Māori tribal groups (fronted by lawyer Maui Solomon) and members of the on-line discussion forum ([[Aotearoa Cafe]]). The Bionicle product line allegedly used many words [[Cultural appropriation|appropriated]] from Māori language, imagery and folklore. The dispute ended in an amicable settlement. Initially Lego refused to withdraw the product, saying it had drawn the names from many cultures, but later agreed that it had taken the names from Māori and agreed to change certain names or spellings to help set the toy-line apart from the Māori legends. This did not prevent the many Bionicle users from continuing to use the disputed words, resulting in the popular Bionicle website BZPower coming under a [[denial-of-service attack]] for four days from an attacker using the name Kotiate.<ref>{{cite |
In 2001 a dispute concerning the popular [[LEGO]] toy-line "[[Bionicle]]" arose between [[Denmark|Danish]] toymaker [[Lego Group]] and several Māori tribal groups (fronted by lawyer Maui Solomon) and members of the on-line discussion forum ([[Aotearoa Cafe]]). The Bionicle product line allegedly used many words [[Cultural appropriation|appropriated]] from Māori language, imagery and folklore. The dispute ended in an amicable settlement. Initially Lego refused to withdraw the product, saying it had drawn the names from many cultures, but later agreed that it had taken the names from Māori and agreed to change certain names or spellings to help set the toy-line apart from the Māori legends. This did not prevent the many Bionicle users from continuing to use the disputed words, resulting in the popular Bionicle website BZPower coming under a [[denial-of-service attack]] for four days from an attacker using the name Kotiate.<ref>{{cite web|url=https://www.wired.com/culture/lifestyle/news/2002/11/56451|title=Lego Site Irks Maori Sympathizer|last=Griggs|first=Kim|date=21 November 2002 |work=Wired|accessdate=29 April 2010}}</ref> |
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====Cigarettes==== |
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===Kimberley Declaration, August 2002=== |
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⚫ | |||
([[Kimberley, Northern Cape|Kimberley]], [[South Africa]] August 2002) |
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Indigenous people from around the world attended an international indigenous peoples' summit on sustainable development in Khoi-San Territory, [[Kimberley, Northern Cape|Kimberley]], [[South Africa]], where they reaffirmed previous declarations and statements (above), and, among other matters, declared: |
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<blockquote>''Our traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft.''<ref name="WIPO001"/></blockquote> |
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⚫ | |||
⚫ | |||
In 2005 a New Zealander in [[Jerusalem]] discovered that the [[Philip Morris International|Phillip Morris]] cigarette company had started producing a brand of cigarette in Israel called the "L & M Maori mix".<ref>{{cite web|url=http://tvnz.co.nz/view/page/411319/638858 |title=Disgust over 'Maori' brand cigarettes |date=12 December 2005 |work=TVNZ |accessdate=29 April 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20110613105447/http://tvnz.co.nz/view/page/411319/638858 |archivedate=13 June 2011 }}</ref> In 2006, the head of Phillip Morris, [[Louis C. Camilleri|Louis Camilleri]], issued an apology to Māori: "We sincerely regret any discomfort that was caused to [[Māori people]] by our mistake and we won't be repeating it."<ref>{{cite news|url=http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10379513|title=Tobacco giant apologises to Maori|first=Jon|last=Stokes|date=29 April 2006|work=The New Zealand Herald}}</ref> |
In 2005 a New Zealander in [[Jerusalem]] discovered that the [[Philip Morris International|Phillip Morris]] cigarette company had started producing a brand of cigarette in Israel called the "L & M Maori mix".<ref>{{cite web|url=http://tvnz.co.nz/view/page/411319/638858 |title=Disgust over 'Maori' brand cigarettes |date=12 December 2005 |work=TVNZ |accessdate=29 April 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20110613105447/http://tvnz.co.nz/view/page/411319/638858 |archivedate=13 June 2011 }}</ref> In 2006, the head of Phillip Morris, [[Louis C. Camilleri|Louis Camilleri]], issued an apology to Māori: "We sincerely regret any discomfort that was caused to [[Māori people]] by our mistake and we won't be repeating it."<ref>{{cite news|url=http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10379513|title=Tobacco giant apologises to Maori|first=Jon|last=Stokes|date=29 April 2006|work=The New Zealand Herald}}</ref> |
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== Criticism == |
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{{See also|Cultural appropriation#Criticism of the concept}} |
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{{Expand section|date=June 2019}} |
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Critics of the movement for granting Indigenous Intellectual Property Rights note that the indefinite duration of such a context is "unorthodox and unmanageable" within the current IP legal structure.<ref>[https://www.cigionline.org/sites/default/files/documents/Paper%20no.176.pdf Centre for International Governance Innovation position paper p5]</ref> |
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== See also == |
== See also == |
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*{{cite web | last = DODSON | first = Michael | year = 2007 | url = https://www.un.org/esa/socdev/unpfii/documents/6_session_dodson.pdf |
*{{cite web | last = DODSON | first = Michael | year = 2007 | url = https://www.un.org/esa/socdev/unpfii/documents/6_session_dodson.pdf |
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| title = Report of the Secretariat on Indigenous traditional knowledge | work = Report to the United Nation's Economic and Social Council's Permanent Forum on Indigenous Issues, Sixth Session, New York, 14–25 May | publisher = United Nation's Economic and Social Council. New York | accessdate = 2007-11-28}} |
| title = Report of the Secretariat on Indigenous traditional knowledge | format = PDF | work = Report to the United Nation's Economic and Social Council's Permanent Forum on Indigenous Issues, Sixth Session, New York, 14–25 May | publisher = United Nation's Economic and Social Council. New York | accessdate = 2007-11-28}} |
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*{{cite web | last = DRAHOS | first = Peter | year = 2001 | url = http://www.wipo.int/tk/en/hr/paneldiscussion/papers/word/drahos.doc | title = The Universality of Intellectual Property Rights: Origins and Development | format = DOC | |
*{{cite web | last = DRAHOS | first = Peter | year = 2001 | url = http://www.wipo.int/tk/en/hr/paneldiscussion/papers/word/drahos.doc | title = The Universality of Intellectual Property Rights: Origins and Development | format = DOC | work = | publisher = World Intellectual Property Organization. Geneva | accessdate = 2007-11-28 | archive-url = https://web.archive.org/web/20071202081230/http://www.wipo.int/tk/en/hr/paneldiscussion/papers/word/drahos.doc | archive-date = 2 December 2007 | dead-url = yes | df = dmy-all }} |
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*{{cite web | last = JONES | first = Peter | year = 2008 | url = http://indigenouspeoplesissues.com/index.php?option=com_content&view=article&id=91:intellectual-property-indigenous-peoples-and-the-law&catid=65:indigenous-peoples-general&Itemid=92 |
*{{cite web | last = JONES | first = Peter | year = 2008 | url = http://indigenouspeoplesissues.com/index.php?option=com_content&view=article&id=91:intellectual-property-indigenous-peoples-and-the-law&catid=65:indigenous-peoples-general&Itemid=92 |
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| title = Intellectual Property, Indigenous Peoples, and the Law |
| title = Intellectual Property, Indigenous Peoples, and the Law |
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| |
| work = | publisher = Indigenous Peoples, Issues & Resources Website | accessdate = 2010-05-24}} |
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* {{cite web | last = UNITED NATIONS GENERAL ASSEMBLY | year = 2007 | url = http://daccessdds.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement | title = United Nations Declaration on the Rights of Indigenous Peoples | format = PDF | |
* {{cite web | last = UNITED NATIONS GENERAL ASSEMBLY | first = | year = 2007 | url = http://daccessdds.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement | title = United Nations Declaration on the Rights of Indigenous Peoples | format = PDF | work = | publisher = United Nations General Assembly. | accessdate = 2007-11-26 | archive-url = https://web.archive.org/web/20090211062935/http://daccessdds.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement | archive-date = 11 February 2009 | dead-url = yes | df = dmy-all }} |
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*{{cite web | last = WORLD INTELLECTUAL PROPERTY ORGANISATION | year = 2001 | url = http://www.wipo.int/tk/en/tk/ffm/report/final/ | title = Intellectual Property Needs and Expectations of Traditional Knowledge Holders | work = WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998–1999) | publisher = World Intellectual Property Organization. Geneva | accessdate = 2007-11-28 | archive-url = https://web.archive.org/web/20060212011932/http://www.wipo.int/tk/en/tk/ffm/report/final/ | archive-date = 12 February 2006 | dead-url = yes | df = dmy-all }} |
*{{cite web | last = WORLD INTELLECTUAL PROPERTY ORGANISATION | year = 2001 | url = http://www.wipo.int/tk/en/tk/ffm/report/final/ | title = Intellectual Property Needs and Expectations of Traditional Knowledge Holders: | work = WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998–1999) | publisher = World Intellectual Property Organization. Geneva | accessdate = 2007-11-28 | archive-url = https://web.archive.org/web/20060212011932/http://www.wipo.int/tk/en/tk/ffm/report/final/ | archive-date = 12 February 2006 | dead-url = yes | df = dmy-all }} |
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== External links == |
== External links == |
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Indigenous intellectual property[1] 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.[2][3]
It is a concept that has developed out of predominantly western concepts of intellectual property law, and has most recently been promoted by the World Intellectual Property Organization, as part of a more general United Nations push[4] to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment.[5][6]
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.[7] Therefore, international bodies such as the United Nations have become involved in the issue,[3] making more specific declarations that intellectual property also includes cultural property such as historical sites, artefacts, designs, ceremonies, and performing arts in addition to artwork and literature.[8]
Traditional cultural expressions
The phrase "traditional cultural expressions" is used by the World Intellectual Property Organization to refer to "any form of artistic and literary expression in which traditional culture and knowledge are embodied. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance."[9]
Traditional cultural expressions can include designs and styles, which means that applying traditional Western-style international copyright laws – which apply to a specific work, rather than a style – can be problematic. Indigenous customary law often treats such concepts differently, and may apply restrictions upon the use of underlying styles and concepts.[9]
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), September 2007
![](http://upload.wikimedia.org/wikipedia/commons/thumb/4/49/UN_General_Assembly.jpg/230px-UN_General_Assembly.jpg)
At the United Nation's General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the United Nations Declaration on the Rights of Indigenous Peoples.[10] Regarding the intellectual property rights of indigenous peoples, the General Assembly recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies...;"[11] reaffirmed "...that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples...;"[12] and solemnly proclaimed as an agreed standard for member nations around the world. The Native American Rights Fund (NARF) has set out several goals around treaty law and intellectual property, with board member Professor Rebecca Tsosie stressing the importance of these property rights being held collectively, not by individuals.
The long-term goal is to actually have a legal system, and certainly a treaty could do that, that acknowledges two things. Number one, it acknowledges that indigenous peoples are peoples with a right to self-determination that includes governance rights over all property belonging to the indigenous people. And, number two, it acknowledges that indigenous cultural expressions are a form of intellectual property and that traditional knowledge is a form of intellectual property, but they are collective resources – so not any one individual can give away the rights to those resources. The tribal nations actually own them collectively.[13]
A history of claims and declarations regarding Indigenous Intellectual Property
A number of Native American and First Nations communities have issued tribal declarations over the past 35 years. In the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993),[14] then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004),[4] a number of conferences of both Indigenous and non-Indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining "indigenous intellectual property" though these statements have not been found to have legal weight.
Intertribal coalitions in North America
Since the 1970s, Intertribal groups in North American have organized demonstrations against non-Native use of Native American cultural elements; such as the sale of products and services allegedly derived from Indigenous knowledge:[15][16]
Before ceremonies and ceremonial knowledge were affirmed as protected intellectual property by the U.N. General Assembly,[8] smaller coalitions of Indigenous cultural leaders met to issue declarations about protection of ceremonial knowledge.[17][18][19] In 1980, spiritual leaders of the Northern Cheyenne, Navajo, Hopi, Muskogee, Chippewa-Cree, Haudenosaunee and Lakota Nations met on the Northern Cheyenne Reservation in Montana,[17] and issued a resolution that:
These [non-Native] individuals are gathering non-Indian people as followers who believe they are receiving instructions of the original people. We, the Elders and our representatives sitting in Council, give warning to these non-Indian followers that it is our understanding this is not a proper process, that the authority to carry these sacred objects is given by the people...[17]
The first international congress of the International Society of Ethnobiology involving scientists, environmentalists and Indigenous peoples met at Belém, Brazil. They identified themselves collectively as 'ethnobiologists', and announced that (amongst other matters) since "Indigenous cultures around the world are being disrupted and destroyed."
In 1994 a number of Native American tribal organizations demanded that museums remove certain materials from exhibition and access to the public. They cited the Native American Graves Protection and Repatriation Act (NAGPRA) as the legal basis for these complaints. Their position was that they would only permit such uses selectively and with express permission of the living relatives of the human remains and grave goods the museums wished to exhibit.[20] Vernon Masayesva, CEO of the Hopi Tribe, and a consortium of Apache tribes demanded a number of American museums end all public exhibition of, and access to, materials from their tribal cultures; including "images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished."[20]
South American Declarations
The Kari-Oca Declaration and charter was first affirmed in Brazil in May 1992, and then re-affirmed in Indonesia, in June 2002. Ratifying the document were Indigenous peoples from the Americas, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which indigenous peoples depend. Specific reference is made within the Indigenous Peoples Earth Charter to perceived abuses of indigenous people's intellectual and cultural properties.[21] Under the heading,"Culture, Science and Intellectual Property", amongst other matters, it is asserted:[22] At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota Nations, about 500 representatives from 40 different tribes and bands of the Lakota unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality."[18][19] Representatives affirmed a zero-tolerance policy on the exploitation of Lakota, Dakota and Nakota ceremonial knowledge.[18][19]
In 1994, a regional meeting was held at Santa Cruz de la Sierra, Bolivia where indigenous peoples from the South America's concerned about the way internationally prevailing intellectual property systems and regimes appeared to be favouring the appropriation of indigenous peoples' knowledge and resources for commercial purposes, agreed:[23] In 1995, Indigenous People of Asia met at Tambunan, Sabah, East Malaysia, to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. [24] Also in 1995, Participants from the independent countries and "nonautonomous colonised territories" of the Pacific region met in Suva, Fiji to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives.[25] In particular participants:[25] In 2002, Indigenous people from around the world attended an international indigenous peoples' summit on sustainable development in Khoi-San Territory, Kimberley, South Africa, where they reaffirmed previous declarations and statements (above), and, among other matters, declared that "traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft.[6]
Asian Declarations
On 18 June 1993, 150 delegates from fourteen countries, including indigenous representatives from Japan (Ainu), Australia, Cook Islands, Fiji, India, Panama, Peru, Philippines, Surinam, United States and Aotearoa (New Zealand) met at Whakatane (Bay of Plenty region of New Zealand). The assembly affirmed Indigenous peoples' knowledge is of benefit to all humanity; recognised Indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; insisted the first beneficiaries of Indigenous knowledge must be the direct Indigenous descendants of such knowledge; and declared all forms of exploitation of Indigenous knowledge must cease.[26]
![](http://upload.wikimedia.org/wikipedia/commons/thumb/5/55/JulayinbulIP.jpg/270px-JulayinbulIP.jpg)
The Julayinbul Statement on Indigenous Intellectual Property Rights arose out of a meeting of Indigenous and non-Indigenous specialists, who, at Jingarrba, in north-eastern Australia, agreed Indigenous intellectual property rights are best determined from within the customary laws of the Indigenous groups' themselves.[27] Within the declaration, Indigenous customary laws are (re)named 'Aboriginal common laws', and it is insisted these laws must be acknowledged and treated as equal to any other systems of law:[28]
Māori
Ka Mate haka
![](http://upload.wikimedia.org/wikipedia/commons/thumb/3/34/Te_Raparaha%2C_chief_of_the_Kawias%2C_watercolour_by_R._Hall%2C_c._1840s.jpg/150px-Te_Raparaha%2C_chief_of_the_Kawias%2C_watercolour_by_R._Hall%2C_c._1840s.jpg)
Since the 19th century, Māori-style Hakas have been popularly-used by New Zealanders as a cheer at sporting events; especially for New Zealand national teams. Between 1998 and 2006, the Ngāti Toa iwi attempted to trademark the Ka Mate haka and to forbid its use by commercial organisations without their permission.[29][30] The Intellectual Property Office of New Zealand turned their claim down in 2006, since Ka Mate had achieved wide recognition in New Zealand and abroad as representing New Zealand as a whole and not a particular trader.[31] In 2009, as a part of a wider settlement of grievances, the New Zealand government agreed to:
- "...record the authorship and significance of the haka Ka Mate to Ngāti Toa and ... work with Ngāti Toa to address their concerns with the haka... [but] does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate...".[32][33]
However, a survey of nineteenth-century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before the tribal origination claimed by Ngāti Toa chief Te Rauparaha. When Ngāti Toa authorities were asked for evidence that Ka Mate was of Ngāti Toa authorship, they were unable to provide any.[34]
Lego's Bionicle
In 2001 a dispute concerning the popular LEGO toy-line "Bionicle" arose between Danish toymaker Lego Group and several Māori tribal groups (fronted by lawyer Maui Solomon) and members of the on-line discussion forum (Aotearoa Cafe). The Bionicle product line allegedly used many words appropriated from Māori language, imagery and folklore. The dispute ended in an amicable settlement. Initially Lego refused to withdraw the product, saying it had drawn the names from many cultures, but later agreed that it had taken the names from Māori and agreed to change certain names or spellings to help set the toy-line apart from the Māori legends. This did not prevent the many Bionicle users from continuing to use the disputed words, resulting in the popular Bionicle website BZPower coming under a denial-of-service attack for four days from an attacker using the name Kotiate.[35]
Cigarettes
In 2005 a New Zealander in Jerusalem discovered that the Phillip Morris cigarette company had started producing a brand of cigarette in Israel called the "L & M Maori mix".[36] In 2006, the head of Phillip Morris, Louis Camilleri, issued an apology to Māori: "We sincerely regret any discomfort that was caused to Māori people by our mistake and we won't be repeating it."[37]
See also
- Biopiracy and Bioprospecting
- Commercialization of indigenous knowledge
- Darrell A. Posey
- Intangible Cultural Heritage
- Intellectual property
- Intellectual property issues in cultural heritage (IPinCH)
- Traditional knowledge
- Cultural appropriation
References
Notes
- ^ Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016)
- ^ RAINFOREST ABORIGINAL NETWORK (1993) Julayinbul: Aboriginal Intellectual and Cultural Property Definitions, Ownership and Strategies for Protection. Rainforest Aboriginal Network. Cairns. Page 65
- ^ a b Working Group on Indigenous Populations, accepted by the United Nations General Assembly, Declaration on the Rights of Indigenous Peoples Archived 26 June 2015 at the Wayback Machine; UN Headquarters; New York City (13 September 2007): Article 31: "Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."
- ^ a b OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (2007). "Indigenous peoples". Office of the United Nations High Commissioner of Human Rights. Geneva. Archived from the original (WEB PAGE) on 7 November 2007. Retrieved 29 November 2007.
- ^ DODSON, Page 12.
- ^ a b WIPO Database of Indigenous Intellectual Property Codes, Guidelines, and Practices Accessed 28 November 2007. Archived 2 November 2007 at the Wayback Machine
- ^ Hadley, Marie (2009). "Lack of Political Will or Academic Inertia? - The need for non-legal responses to the issue of Indigenous art and copyright". Alternative Law Journal. 34 (3). Melbourne: Legal Service Bulletin Co-operative Ltd: 152–156.
- ^ a b Working Group on Indigenous Populations, accepted by the United Nations General Assembly, Declaration on the Rights of Indigenous Peoples Archived 26 June 2015 at the Wayback Machine; UN Headquarters; New York City (13 September 2007): Article 11: "Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature."[bold added]
- ^ a b Zuckermann, Ghil'ad; et al. (2015), ENGAGING - A Guide to Interacting Respectfully and Reciprocally with Aboriginal and Torres Strait Islander People, and their Arts Practices and Intellectual Property (PDF), Australian Government: Indigenous Culture Support, p. 7, archived from the original (PDF) on 30 March 2016
{{citation}}
: Unknown parameter|deadurl=
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suggested) (help) - ^ OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (2007). "Declaration on the rights of indigenous peoples". Office of the United Nations High Commissioner of Human Rights. Geneva. Archived from the original (WEB PAGE) on 24 November 2007. Retrieved 29 November 2007.
- ^ UNITED NATIONS GENERAL ASSEMBLY Page 2
- ^ UNITED NATIONS GENERAL ASSEMBLY Page 3
- ^ Tsosie, Rebecca (25 June 2017). "Current Issues in Intellectual Property Rights to Cultural Resources". Native American Rights Fund. Retrieved 17 April 2019.
- ^ WATSON, Irene (1992). "1993: International Year for Indigenous Peoples". Aboriginal Law Bulletin. AustLII. Retrieved 29 November 2007.[permanent dead link]
- ^ Hagan, Helene E. "The Plastic Medicine People Circle." Archived 5 March 2013 at the Wayback Machine Sonoma Free County Press. Accessed 31 Jan 2013: "Shequish...came to the attention of Native American people two years ago as an impostor who pretended to have Shumash ancestry. I received a personal telephone call and a letter from the Chairman of a Shumash group south of Monterey. This phone call and a letter followed a Council meeting in which Shumash people took the decision to put a stop to Shequish Ohoho's activities in the Bay area as an 'Indian woman.' A group of real Indian women of San Francisco led a protest against Shequish and effectively terminated her money making seminars and ceremonies in this area. Her real name and background are known to California Indians who have denied her any tribal affiliation."
- ^ Sieg, Katrin, Ethnic Drag: Performing Race, Nation, Sexuality in West Germany; University of Michigan Press (20 August 2002) p.232
- ^ a b c Yellowtail, Tom, et al; "Resolution of the 5th Annual Meeting of the Traditional Elders Circle" Northern Cheyenne Nation, Two Moons' Camp, Rosebud Creek, Montana; 5 October 1980
- ^ a b c Mesteth, Wilmer, et al (10 June 1993) "Declaration of War Against Exploiters of Lakota Spirituality." "At the Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota (LDN) Nations, about 500 representatives from 40 different tribes and bands of the LDN peoples unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality." The following declaration was unanimously passed."
- ^ a b c Taliman, Valerie (1993) "Article On The 'Lakota Declaration of War'."
- ^ a b Brown, Michael F. (April 1998). "Can Culture Be Copyrighted?". Current Anthropology. 39 (2): 193–222. doi:10.1086/204721. JSTOR 10.1086/204721.
- ^ FOURMILE, Henrietta (1996) "Making things work: Aboriginal and Torres Strait Islander Involvement in Bioregional Planning" in Approaches to bioregional planning. Part 2. Background Papers to the conference; 30 October – 1 November 1995, Melbourne; Department of the Environment, Sport and Territories. Canberra. p.235
- ^ FOURMILE pages 260–261
- ^ FOURMILE 1996: Pages 266–267.
- ^ FOURMILE 1996: Pages 268–269.
- ^ a b FOURMILE 1996: Pages 270–272.
- ^ FOURMILE page 262
- ^ FOURMILE page 236
- ^ FOURMILE pages 264
- ^ "All Blacks fight to keep haka". BBC News. 16 July 2000. Retrieved 3 May 2008.
- ^ "Iwi threatens to place trademark on All Black haka". The New Zealand Herald. 22 May 2005. Retrieved 3 May 2008.
- ^ "Iwi claim to All Black haka turned down". The New Zealand Herald. 2 July 2007. Retrieved 3 May 2008.
- ^ Ngāti Toa Rangatira Letter of Agreement Archived 21 May 2010 at the Wayback Machine
- ^ "New Zealand Maori win haka fight". BBC News. 11 February 2009. Retrieved 29 April 2010.
- ^ "Archer J.H. (2009) Ka Mate; its origins, development and significance" (PDF).
- ^ Griggs, Kim (21 November 2002). "Lego Site Irks Maori Sympathizer". Wired. Retrieved 29 April 2010.
- ^ "Disgust over 'Maori' brand cigarettes". TVNZ. 12 December 2005. Archived from the original on 13 June 2011. Retrieved 29 April 2010.
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Bibliography
- DODSON, Michael (2007). "Report of the Secretariat on Indigenous traditional knowledge" (PDF). Report to the United Nation's Economic and Social Council's Permanent Forum on Indigenous Issues, Sixth Session, New York, 14–25 May. United Nation's Economic and Social Council. New York. Retrieved 28 November 2007.
- DRAHOS, Peter (2001). "The Universality of Intellectual Property Rights: Origins and Development". World Intellectual Property Organization. Geneva. Archived from the original (DOC) on 2 December 2007. Retrieved 28 November 2007.
{{cite web}}
: Unknown parameter|dead-url=
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suggested) (help) - JONES, Peter (2008). "Intellectual Property, Indigenous Peoples, and the Law". Indigenous Peoples, Issues & Resources Website. Retrieved 24 May 2010.
- UNITED NATIONS GENERAL ASSEMBLY (2007). "United Nations Declaration on the Rights of Indigenous Peoples" (PDF). United Nations General Assembly. Archived from the original (PDF) on 11 February 2009. Retrieved 26 November 2007.
{{cite web}}
: Unknown parameter|dead-url=
ignored (|url-status=
suggested) (help) - WORLD INTELLECTUAL PROPERTY ORGANISATION (2001). "Intellectual Property Needs and Expectations of Traditional Knowledge Holders:". WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998–1999). World Intellectual Property Organization. Geneva. Archived from the original on 12 February 2006. Retrieved 28 November 2007.
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