A fuller report of the conference presents some of the arguments made in more nuance, and is well worth a read.
Written by Lucas Lixinski
Welcome to our weblog for indigenous rights. We cover contemporary legal issues such as: traditional knowledge (TK), human rights, patent law, international law, land law among others.
A couple of weeks ago the Peruvian National Institute for the Defence of Competition and Intellectual Property (INDECOPI), in order to preserve the knowledge that native peoples have on the use of biodiversity, presented 453 titles of collective knowledge to communities located in the Loreto region in Peru. | The (TK) King and I |
The talk proceeded deeper into the issue: is TK important in the pharmaceutical industry? and if it is so, what part or role, if any, TK takes into the invention per se? To patent an invention there are some requirements that need to be fulfilled: novelty (new) and inventive step (non-obvious) – and industrial application, but focus being today in the first one. Is it new or novel the use of specific plants (containing some chemical properties) for the purpose of the cure/ treatment of ‘x’ disease? As Prof Graham mentioned, it may be new to us BUT not new perhaps to an indigenous healer – the query is: does this destroy novelty? Novelty is destroyed by use and/or publication. Yet, the problem with this issue is: how will a Patent Officer, let’s say in the UK, become aware of the use of this invention in a small village community of indigenous people in the Amazon? It is not common for healers or the said community to document this and what is more, sometimes they do not even share this knowledge with their own community but passes that info to a worthy Indian– it is a ritual (we called a trade secret). This is indeed a very difficult issue because in our world we need evidence.
A preferred model would have followed the enlightened Swakopmund Protocol adopted by the African Regional Intellectual Property Organisation (ARIPO) which does not use the term’ indigenous’ but refers to the TK of local and traditional communities and includes principles of custodianship, guardianship and collective cultural ownership. “...to exalt the cultural values of the homeland is a need for the community, since it implies recognition of national identity from elements that bind the whole society, identifying common values and principles belonging to the nation”.
It is becoming more common place to hear about indigenous traditional knowledge in legal academic discussions ranging across a wide variety of subjects -- human rights, intellectual property, environmental law, economic law, medical law, and cultural heritage. Traditional knowledge is a simple name for an area that is vast in scope. Just what is traditional knowledge and why is so much importance being placed on this across such a wide variety of areas of law?
Brunel Law School in collaboration with the UN Expert Mechanism on Indigenous Issues is organising an Expert Workshop on Indigenous Languages and Cultures at Brunel University on the 8th-9th March 2012. The Workshop aims to contribute to the Annual Report of the Expert Mechanism, which will be on this same topic.
The themes that will be discussed in the conference include:
* An overview of indigenous peoples’ right to culture under international human rights law
* Indigenous peoples’ rights to language
* Indigenous peoples’ cultural self-determination and autonomy
* Indigenous peoples’ right to culture and lands, territories and resources, including reparations
* Custom, human rights and justified limitations
* Indigenous peoples’ traditional knowledge and traditional cultural expressions
* Indigenous intellectual property rights
* indigenous identities and spirituality
Speakers include:
Elsa Stamatopoulou (Former Chief of the Secretariat of Permanent Forum on Indigenous Issues)
Prof. Julian Burger (Former Chief of UN Minority and Indigenous Unit, currently Essex University)
Prof. Siegfried Wiessner (St Thomas Law School, US)
Prof. Rene Kuppe (University of Wien)
Dr Federico Lenzerini (Sienna University)
Prof. Samson (Essex University)
Prof. Paul Havenmann (Institute of Commonwealth Studies, University of London)
Dr. Robert Dunbar (University of Aberdeen)
Dr. Damien Short (Institute of Commonwealth Studies, University of London)
Prof. Joshua Castellino (Head of Department, Middlesex University)
Dr. Marilena Alivizatou (UCL)
Prof. Sonia Harris-Short (University of Birmingham)
Dr. Susan Aikmann (University of East Anglia)
Prof. Graham Dutfield (University of Leeds)
Dr Ghanea-Hercock (Oxford)
Prof. Marie-Benedicte Denbour (University of Sussex)
Dr. Kristin Hausler (British Institute of International and Comparative Law)
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| not this type of date! |
‘Artesanías del Valle de Sibundoy’: handcrafted products in beads, wool, yarn, fiber, seeds, wood carving located in the Department of Putumayo (Colombia), home of lnga and Camentsá Indians.