Intellectual property: Indigenous intellectual property

Law School

Indigenous intellectual property 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.

It is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has most recently been promoted by the World Intellectual Property Organization, as part of a broader effort by the United Nations to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment.

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. Therefore, international bodies such as the United Nations have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artefacts, designs, language, ceremonies, and performing arts in addition to artwork and literature.

2020-07-29 22 min

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