Navigating Traditional Knowledge and Intellectual Property - The Story of the Yakuanoi
March 19, 2018
Using real situations, WIPO developed a fictious tribe and situation to relay how an Indigenous community can attempt to rectify misappropriation of traditional knowledge.
Documenting Traditional Knowledge - A Toolkit
By: Begona Venero Aguirre, et al.
World Intellectual Property Organization
Key words: Traditional knowledge, intellectual property, biodiversity, food and agriculture, health, environment
This toolkit aims to help readers devise a plan for protecting the intellectual property of TK while it is being documented.
Traditional Ecological Disclosure: How the Freedom of Information Act Frustrates Tribal Natural Resource Consultation with Federal Agencies
By: Sophia E. Amberson
Washington Law Review, 92:937-981
Key words: Traditional Ecological Knowledge, Freedom of Information Act, Tribal Resource Consultation
When a federal or state agency administers environmental laws, such as the Endangered Species Act, the agency often consults with tribes. During these consultations, tribes often disseminate traditional ecological knowledge (TEK)—knowledge acquired by a tribe that is a mix of environmental ethics and scientific knowledge about tribal use. However, these consultations may be susceptible to disclosure under the Freedom of Information Act (FOIA).This Comment explores the dichotomy between the purposes of FOIA and the protection of tribal culture and knowledge.
Advancing the Lore: A Proposed Legal Framework for Filipino Traditional Knowledge Protection and Commercialization
By: Gonzalo D. V. Go III & Paolo Miguel S. Consignado
Ateneo Law Journal, 60:4:992-1031
Key words: Indigenous People’s Rights, Property Rights, Property Laws, Traditional Knowledge
This article talks about traditional knowledge in the Filipino culture, the clash of traditional knowledge and intellectual property rights. The authors then move into ways traditional knowledge can be protected and proposes legal frameworks that can be used to protect individuals and traditional knowledge.
Guarding Against Exploitation: Protecting Indigenous Knowledge in the Age of Climate Change
By: Joseph Brewer and Elizabeth Ann Kronk Warner
Key words: Traditional knowledge, indigenous knowledge, climate change, intellectual property
Two University of Kansas professors, each citizens of Native American tribes, share examples of how tribes are using traditional knowledge to address the effects of climate change, discusses existing United States and international intellectual property law, and suggests tribes might be better served by using their own law-making abilities to protect TEK.
Protecting Traditional Environmental Knowledge and New Social Movements in the Americas: Intellectual Property, Human Right, or Claims to an Alternative Form of Sustainable Development?
By: Rosemary J. Coombe
Florida Journal of International Law, 17:115-135
The protection of traditional environmental knowledge (TEK) is a complex area of emerging law that has attracted a great deal of academic attention and controversy over the past five years.
Protecting Indigenous Knowledge and Heritage: A Global Challenge
By: Marie Battiste and James (Sákéj) Youngblood Henderson
Whether the approximately 500 million Indigenous Peoples in the world live in Canada, the United States, Australia, India, Peru, or Russia, they have faced a similar fate at the hands of colonizing powers. That has included assaults on their language and culture, commercialization of their art, and use of their plant knowledge in the development of medicine, all without consent, acknowledgement, or benefit to them. This book looks at the issues from an international perspective and explores developments in various countries including Canada, the United States, Australia, New Zealand, and also at the work of the United Nations and relevant international agreements.