Indigenous intellectual property
Collective legal rights protecting Indigenous cultural heritage and knowledge.
Indigenous intellectual property refers to knowledge and cultural heritage that Indigenous peoples hold collectively, along with their legal rights to safeguard it. This concept appears in discussions at national and international levels. The property includes a group’s cultural knowledge, oral histories, and many elements of their heritage. In Australia, the term Indigenous cultural and intellectual property (ICIP) is often used.
Since the late 1900s, various efforts have aimed to create legal protections for Indigenous intellectual property in colonized countries. Indigenous groups have issued several declarations through their own conventions. The World Intellectual Property Organization (WIPO), founded in 1970, works to promote and protect intellectual property globally by cooperating with countries and international bodies. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the General Assembly in 2007 with support from 143 countries, includes clauses that specifically address protecting Indigenous intellectual property. Disputes over this property include cases involving the Māori people of New Zealand.
The idea of Indigenous intellectual property developed as a counterpart to Western intellectual property law. WIPO has promoted it as part of a broader UN effort to better value and protect Indigenous intangible cultural heritage from ongoing mistreatment, based on the view that Western law does not adequately cover it. Indigenous knowledge is a key part of Indigenous cultural heritage. Knowledge about land, seas, places, and related songs, stories, social practices, and oral traditions are important assets for Indigenous communities. This knowledge passes from generation to generation and is constantly reinterpreted. Through this intangible heritage, Indigenous people maintain a communal identity.
Indigenous intellectual property rights cover legal protections for such property, including cultural knowledge, visual arts, literature, performing arts, science, and traditional medicines. It may also include knowledge held in oral history. International bodies like the UN have become involved, issuing declarations that intellectual property includes cultural property such as historical sites, artifacts, designs, language, ceremonies, and performing arts, in addition to artwork and literature. Many nations have strugg
- field
- Intellectual property law, Indigenous rights
- known_for
- Concept of collectively owned cultural and intellectual property of Indigenous peoples
- related_organization
- World Intellectual Property Organization (WIPO)
- related_declaration
- UN Declaration on the Rights of Indigenous Peoples (UNDRIP), passed 2007
- related_term
- Indigenous cultural and intellectual property (ICIP)
Lore & Background
Indigenous intellectual property is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has been promoted by the World Intellectual Property Organization (WIPO), as part of a broader effort by the United Nations (UN) to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment, based on legal theories holding them to be inadequately covered by Western law. Indigenous knowledge is an integral part of Indigenous cultural heritage, transmitted from generation to generation and constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity.
International bodies such as the UN have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artifacts, designs, language, ceremonies, and performing arts in addition to artwork and literature. 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. 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.
Reader's Guide
The concept of Indigenous intellectual property has gained prominence since the late 20th century, with various efforts towards legal protection in colonized countries and declarations by conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO), created in 1970, promotes and protects intellectual property across the world. The UN's Declaration on the Rights of Indigenous Peoples (UNDRIP), passed by the General Assembly in 2007 with 143 countries in favour, includes several clauses relating specifically to the protection of Indigenous intellectual property. Disputes around indigenous intellectual property include several cases involving the Māori people of New Zealand. The term 'traditional cultural expressions' is used by WIPO to refer to artistic and literary expression embodying traditional culture and knowledge, transmitted from one generation to the next. Indigenous customary law often treats such concepts differently and may apply restrictions upon the use of underlying styles and concepts, which can be problematic under traditional Western-style international copyright laws that apply to a specific work rather than a style.
Did You Know?
- In Australia, the term Indigenous cultural and intellectual property (ICIP) is commonly used.
- The UN's Declaration on the Rights of Indigenous Peoples (UNDRIP) was passed by the General Assembly in 2007 with 143 countries in favour.
- Disputes around indigenous intellectual property include several cases involving the Māori people of New Zealand.
- The Native American Rights Fund (NARF) has set out goals around treaty law and intellectual property, with board member Professor Rebecca Tsosie stressing collective ownership.
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