Hardback
Indigenous Intellectual Property
A Handbook of Contemporary Research
9781781955895 Edward Elgar Publishing
This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This collection examines national developments in Indigenous intellectual property from around the world. As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges to Indigenous intellectual property from emerging developments in information technology, biotechnology, and climate change.
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Critical Acclaim
Contributors
Contents
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Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP).
In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change.
Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change.
Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Critical Acclaim
‘This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.’
– Kirsten Anker, McGill University, Canada
‘Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.’
– Graham Dutfield, University of Leeds, UK
‘Overall, Mathew Rimmer’s Handbook of Contemporary Research on Indigenous Intellectual Property Issues provides a comprehensive overview of the complex legal and policy landscape that indigenous peoples, governments and inter-governmental processes are all trying to use, amend and negotiate in order to design more effective long-term cultural protection. The majority of authors throughout this collection situate their analysis within relevant international norms and standards. The publication therefore is a useful resource not only for those following indigenous intellectual property issues but also those interested in international law and the responsiveness (or lack thereof) of international processes to redress and address historical and current indigenous concerns about the lack of legal protection afforded to indigenous cultures, traditions, values and knowledge.’
– Maori Law Review
– Kirsten Anker, McGill University, Canada
‘Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.’
– Graham Dutfield, University of Leeds, UK
‘Overall, Mathew Rimmer’s Handbook of Contemporary Research on Indigenous Intellectual Property Issues provides a comprehensive overview of the complex legal and policy landscape that indigenous peoples, governments and inter-governmental processes are all trying to use, amend and negotiate in order to design more effective long-term cultural protection. The majority of authors throughout this collection situate their analysis within relevant international norms and standards. The publication therefore is a useful resource not only for those following indigenous intellectual property issues but also those interested in international law and the responsiveness (or lack thereof) of international processes to redress and address historical and current indigenous concerns about the lack of legal protection afforded to indigenous cultures, traditions, values and knowledge.’
– Maori Law Review
Contributors
Contributors: F. Adcock, B.B. Arnold, S. Bannerman, J. Bannister, M. Barelli, A. Daly,R. Dearn, J. de Beer, D. Dylan, S. Gray, M. Hardie, S. Holcombe, T. Janke, C. Ncube, C. Oguamanam, M. Rimmer, D. Rolph, S. Rosanowski, M. Sainsbury, A.G. Siswandi, B. Tobin, R. Tushnet, W. van Caenegem, T. Voon
Contents
Contents:
The Legacy of David Unaipon
Matthew Rimmer,
Introduction: Mapping Indigenous Intellectual Property
Matthew Rimmer
PART I INTERNATIONAL LAW
1. The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights
Mauro Barelli
2. The World Trade Organization, The TRIPS Agreement and Traditional Knowledge
Tania Voon
3. The World Intellectual Property Organization and Traditional Knowledge
Sara Bannerman
4. The World Indigenous Network: Rio+20, Intellectual Property, Indigenous Knowledge, and Sustainable Development
Matthew Rimmer
PART II COPYRIGHT LAW AND RELATED RIGHTS
5. Government Man, Government Painting? David Malangi and the 1966 One-Dollar Note
Stephen Gray
6. What Wandjuk Wanted
Martin Hardie
7. Avatar Dreaming: Indigenous Cultural Protocols and Making Films Using Indigenous Content
Terri Janke
8. The Australian Resale Royalty Right for Visual Artists: Indigenous Art and Social Justice
Robert Dearn and Matthew Rimmer
PART III TRADE MARK LAW AND RELATED RIGHTS
9. Indigenous Cultural Expression and Registered Designs
Maree Sainsbury
10. The Indian Arts and Crafts Act: The Limits of Trademark Analogies
Rebecca Tushnet
11. Protection of Traditional Cultural Expressions within the New Zealand Intellectual Property Framework: A Case Study of the Ka Mate Haka
Sarah Rosanowski
12 Geographical Indications and Indigenous Intellectual Property
William van Caenegem
PART IV PATENT LAW AND RELATED RIGHTS
13. Pressuring ‘Suspect Orthodoxy’: Traditional Knowledge and the Patent System
Chidi Oguamanam
14. The Nagoya Protocol: Unfinished Business Remains Unfinished
Achmad Gusman Siswandi
15. Legislating on Biopiracy in Europe: Too Little, too Late?
Angela Daly
16. Intellectual Property, Indigenous Knowledge, and Climate Change
Matthew Rimmer
PART V PRIVACY LAW AND IDENTITY RIGHTS
17. Confidential Information and Anthropology: The Politics of the Digital Knowledge Economy
Sarah Holcombe
18. Indigenous Cultural Heritage in Australia: The Control of Living Heritages
Judith Bannister
19. Dignity, Trust and Identity: Private Spheres and Indigenous Intellectual Property
Bruce Baer Arnold,
20. Racial Discrimination Laws as a Means of Protecting Collective Reputation and Identity
David Rolph
PART VI INDIGENOUS INTELLECTUAL PROPERTY: REGIONAL PERSPECTIVES
21. Diluted Control: A Critical Analysis of the WAI 262 Report on Maori Traditional Knowledge and Culture
Fleur Adcock,
22. Traditional Knowledge Governance Challenges in Canada
Jeremy de Beer and Daniel Dylan
23. Intellectual Property Protection of Traditional Knowledge and Access to Knowledge in South Africa
Caroline Ncube
24. Traditional Knowledge Sovereignty: The Fundamental Role of Customary Law in Protection of Traditional Knowledge
Brendan Tobin
Index
The Legacy of David Unaipon
Matthew Rimmer,
Introduction: Mapping Indigenous Intellectual Property
Matthew Rimmer
PART I INTERNATIONAL LAW
1. The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights
Mauro Barelli
2. The World Trade Organization, The TRIPS Agreement and Traditional Knowledge
Tania Voon
3. The World Intellectual Property Organization and Traditional Knowledge
Sara Bannerman
4. The World Indigenous Network: Rio+20, Intellectual Property, Indigenous Knowledge, and Sustainable Development
Matthew Rimmer
PART II COPYRIGHT LAW AND RELATED RIGHTS
5. Government Man, Government Painting? David Malangi and the 1966 One-Dollar Note
Stephen Gray
6. What Wandjuk Wanted
Martin Hardie
7. Avatar Dreaming: Indigenous Cultural Protocols and Making Films Using Indigenous Content
Terri Janke
8. The Australian Resale Royalty Right for Visual Artists: Indigenous Art and Social Justice
Robert Dearn and Matthew Rimmer
PART III TRADE MARK LAW AND RELATED RIGHTS
9. Indigenous Cultural Expression and Registered Designs
Maree Sainsbury
10. The Indian Arts and Crafts Act: The Limits of Trademark Analogies
Rebecca Tushnet
11. Protection of Traditional Cultural Expressions within the New Zealand Intellectual Property Framework: A Case Study of the Ka Mate Haka
Sarah Rosanowski
12 Geographical Indications and Indigenous Intellectual Property
William van Caenegem
PART IV PATENT LAW AND RELATED RIGHTS
13. Pressuring ‘Suspect Orthodoxy’: Traditional Knowledge and the Patent System
Chidi Oguamanam
14. The Nagoya Protocol: Unfinished Business Remains Unfinished
Achmad Gusman Siswandi
15. Legislating on Biopiracy in Europe: Too Little, too Late?
Angela Daly
16. Intellectual Property, Indigenous Knowledge, and Climate Change
Matthew Rimmer
PART V PRIVACY LAW AND IDENTITY RIGHTS
17. Confidential Information and Anthropology: The Politics of the Digital Knowledge Economy
Sarah Holcombe
18. Indigenous Cultural Heritage in Australia: The Control of Living Heritages
Judith Bannister
19. Dignity, Trust and Identity: Private Spheres and Indigenous Intellectual Property
Bruce Baer Arnold,
20. Racial Discrimination Laws as a Means of Protecting Collective Reputation and Identity
David Rolph
PART VI INDIGENOUS INTELLECTUAL PROPERTY: REGIONAL PERSPECTIVES
21. Diluted Control: A Critical Analysis of the WAI 262 Report on Maori Traditional Knowledge and Culture
Fleur Adcock,
22. Traditional Knowledge Governance Challenges in Canada
Jeremy de Beer and Daniel Dylan
23. Intellectual Property Protection of Traditional Knowledge and Access to Knowledge in South Africa
Caroline Ncube
24. Traditional Knowledge Sovereignty: The Fundamental Role of Customary Law in Protection of Traditional Knowledge
Brendan Tobin
Index
