Indigenous Knowledge & Intellectual Property: Negotiating the Spaces

2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Oral Traditions ◽  
Intangible Cultural Heritage ◽  
Communal Identity ◽  
Sound Recordings ◽  
Policy Initiatives

Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is 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. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.

scholarly journals Safeguarding Sarawak's intangible cultural heritage: A knowledge management approach

2021 ◽  
Author(s):  
◽  
Rashidah Bolhassan
Keyword(s):  
Knowledge Management ◽  
Cultural Heritage ◽  
Knowledge Sharing ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Organizational Knowledge ◽  
Management Approach ◽  
Intangible Cultural Heritage ◽  
Cultural Institutions

<p>The importance of indigenous knowledge is receiving increasing recognition. Some cultural institutions (CI) are responsible for safeguarding indigenous knowledge and they acquire, document, and record works and images of indigenous knowledge which are contained or embedded in the intangible cultural heritage (ICH) of their indigenous communities such as songs, rituals, arts, and medical wisdom. These items of ICH become ‘knowledge objects’ or ‘representations of knowledge’ when documented, which are unlikely to represent the indigenous people's knowledge holistically. Indigenous knowledge embedded in the ICH requires interpretations of the processes, rituals, experiences and practices from the indigenous communities.  This interpretivist study, using a knowledge management (KM) lens, examined the knowledge sharing processes of the indigenous people of Sarawak, Malaysia, to understand the nature of indigenous knowledge and knowledge sharing from the perspectives of the indigenous people of Sarawak, in order to assist Sarawak’s cultural institutions in safeguarding their ICH.  This research used narrative inquiry as a research methodology, acquiring stories from two clusters of participants, purposively selected from three ethnic groups and from cultural institutions in Sarawak’s Civil Service. This study used a knowledge management perspective in analysing the findings. The findings on the nature of indigenous people’s knowledge highlight a three-tiered knowledge system. The findings on the CIs’ safeguarding efforts elucidate the gap in the management of the CIs’ organizational knowledge on safeguarding.  This study makes several important contributions. First, it contributes to the literature about the cultural protocol requirements of the indigenous people of Sarawak before they can share their knowledge. Secondly, this study elucidates the indigenous people’s knowledge as a three-tiered system which influences the people’s knowledge sharing ways. This system can be used to guide the CIs’ practices of safeguarding ICH. The third contribution of this study is that it expands our understanding of the complexity of indigenous knowledge, and creates a conceptual model to aid and guide this understanding. Fourth, this study also contributes towards a greater understanding of the importance of the CIs including the indigenous peoples in the safeguarding practices in order to avoid the decontextualization of the ICH. Thus, this study confirms the importance of the participation of the indigenous people in the CIs’ practice of safeguarding ICH.  Another contribution of this study, based on its findings, is the adaptation of three elements of a KM spectrum (Binney, 2001) for the CIs’ KM approach in managing their organizational knowledge on safeguarding ICH.</p>

scholarly journals Safeguarding Sarawak's intangible cultural heritage: A knowledge management approach

2021 ◽  
Author(s):  
◽  
Rashidah Bolhassan
Keyword(s):  
Knowledge Management ◽  
Cultural Heritage ◽  
Knowledge Sharing ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Organizational Knowledge ◽  
Management Approach ◽  
Intangible Cultural Heritage ◽  
Cultural Institutions

<p>The importance of indigenous knowledge is receiving increasing recognition. Some cultural institutions (CI) are responsible for safeguarding indigenous knowledge and they acquire, document, and record works and images of indigenous knowledge which are contained or embedded in the intangible cultural heritage (ICH) of their indigenous communities such as songs, rituals, arts, and medical wisdom. These items of ICH become ‘knowledge objects’ or ‘representations of knowledge’ when documented, which are unlikely to represent the indigenous people's knowledge holistically. Indigenous knowledge embedded in the ICH requires interpretations of the processes, rituals, experiences and practices from the indigenous communities.  This interpretivist study, using a knowledge management (KM) lens, examined the knowledge sharing processes of the indigenous people of Sarawak, Malaysia, to understand the nature of indigenous knowledge and knowledge sharing from the perspectives of the indigenous people of Sarawak, in order to assist Sarawak’s cultural institutions in safeguarding their ICH.  This research used narrative inquiry as a research methodology, acquiring stories from two clusters of participants, purposively selected from three ethnic groups and from cultural institutions in Sarawak’s Civil Service. This study used a knowledge management perspective in analysing the findings. The findings on the nature of indigenous people’s knowledge highlight a three-tiered knowledge system. The findings on the CIs’ safeguarding efforts elucidate the gap in the management of the CIs’ organizational knowledge on safeguarding.  This study makes several important contributions. First, it contributes to the literature about the cultural protocol requirements of the indigenous people of Sarawak before they can share their knowledge. Secondly, this study elucidates the indigenous people’s knowledge as a three-tiered system which influences the people’s knowledge sharing ways. This system can be used to guide the CIs’ practices of safeguarding ICH. The third contribution of this study is that it expands our understanding of the complexity of indigenous knowledge, and creates a conceptual model to aid and guide this understanding. Fourth, this study also contributes towards a greater understanding of the importance of the CIs including the indigenous peoples in the safeguarding practices in order to avoid the decontextualization of the ICH. Thus, this study confirms the importance of the participation of the indigenous people in the CIs’ practice of safeguarding ICH.  Another contribution of this study, based on its findings, is the adaptation of three elements of a KM spectrum (Binney, 2001) for the CIs’ KM approach in managing their organizational knowledge on safeguarding ICH.</p>

Universities as the Gatekeepers of the Intellectual Property of Indigenous People's Medical Knowledge

2008 ◽  
Vol 37 (S1) ◽  
pp. 34-45 ◽  
Author(s):  
Chris Kavelin
Keyword(s):  
Intellectual Property ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Medical Knowledge ◽  
Academic Capitalism ◽  
Indigenous Communities ◽  
The Past ◽  
Policy Context ◽  
Law And Policy

AbstractThis paper will explore the role of universities as one of the most important gatekeepers that facilitate the appropriation of Indigenous medical knowledge (IMK) from Indigenous communities to transnational pharmaceutical corporations. The first section will deconstruct the “denial of dependency” upon IMK. Using case studies, the critique will demonstrate a complex mystification of Indigenous knowledge and labour, and a de-identification of Indigenous people and nature as the source of the medicines appropriated. The last section will analyse the law and policy context of the past 20 years that is responsible for creating a process of academic capitalism that has strengthened this phenomenon.

scholarly journals Indigenous knowledge networks in the face of global change

2019 ◽  
Vol 116 (20) ◽  
pp. 9913-9918 ◽  
Author(s):  
Rodrigo Cámara-Leret ◽  
Miguel A. Fortuna ◽  
Jordi Bascompte
Keyword(s):  
Global Change ◽  
Cultural Heritage ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Plant Species ◽  
Indigenous Communities ◽  
Knowledge Networks ◽  
The Road ◽  
Cultural Diffusion ◽  
The Face

Indigenous communities rely extensively on plants for food, shelter, and medicine. It is still unknown, however, to what degree their survival is jeopardized by the loss of either plant species or knowledge about their services. To fill this gap, here we introduce indigenous knowledge networks describing the wisdom of indigenous people on plant species and the services they provide. Our results across 57 Neotropical communities show that cultural heritage is as important as plants for preserving indigenous knowledge both locally and regionally. Indeed, knowledge networks collapse as fast when plant species are driven extinct as when cultural diffusion, either within or among communities, is lost. But it is the joint loss of plant species and knowledge that erodes these networks at a much higher rate. Our findings pave the road toward integrative policies that recognize more explicitly the inseparable links between cultural and biological heritage.

scholarly journals KONSEP PERLINDUNGAN PACU JALUR KABUPATEN KUANTAN SINGINGI

2020 ◽  
Vol 2 (01) ◽  
pp. 1-16
Author(s):  
Adi Tiaraputri ◽  
Ledy Diana
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Research Method ◽  
Intangible Cultural Heritage

Pacu jalur merupakan salah satu tradisi dari Kabupaten Kuantan Singingi Provinsi Riau. Pacu jalur juga termasuk dalam ruang lingkup kebudayaan. Untuk ada kelestarian kebudayaan tentunya harus ada perlindungan terhadap kebudyaan tersebut. Tulisan ini mengkali terkat konsep perlindungan yang dapat diberikan pada tradisi pacu jalur. Metode penelitian dalam tulisan ini melalui pendekatan yuridis normatif.  Dalam tulisan ini mengkaji konsep perlindungan untuk pacu jalur dapat melalui perlindungan warisan budaya tak benda dan kekayaan intelektual komunal. Pacu Jalur is one of the traditions of Kuantan Singingi Regency, Riau Province. Pacu jalur is also included in the scope of culture. For there to be preservation of culture, of course, there must be protection of that culture. This paper examines the concept of protection that can be given to the tradition of racing lanes. The research method in this paper is through a normative juridical approach. In this paper, we examine the concept of protection for the runway through the protection of intangible cultural heritage and communal intellectual property.

scholarly journals Las tejedoras mayas de Guatemala: un proceso activo para la salvaguardia de su patrimonio cultural inmaterial

2020 ◽  
Vol 2 ◽  
pp. 93-109
Author(s):  
Marta Salvador i Almela ◽  
Núria Abellan Calvet
Keyword(s):  
Cultural Heritage ◽  
Critical Analysis ◽  
Indigenous Communities ◽  
Cultural Value ◽  
Intangible Cultural Heritage ◽  
Analysis Framework ◽  
Tourism Management ◽  
Role Of Women

Currently, many are the phenomena that occur around intangible cultural heritage (ICH), related to its politics and legacy. With a critical analysis perspective, this article aims to describe the processes of patrimonialisation, commodification, and touristification of ICH, especially of the Guatemalan Mayan fabrics. The ongoing movement of Guatemalan weavers to protect and vindicate the cultural value of this art brings to light the role of different actors that intervene in intangible cultural heritage and, of greater relevance, indigenous communities. The following analysis framework on the diverse conceptualisations of heritage, authenticity, commodification and touristification allows for a deeper understanding of the Mayan weavers’ situation. The methodology used in this article consists on a case study, through which the following main conclusions arise: the lack of protection of ICH of this case study given the complex definitions and categorisations; the need to identify the consequences of commodification and touristification of ancestral tapestries, highlighting the importance of tourism management from the communities; and, finally, the key role of women as transmitters and protectors of ICH, who have headed a process of movement and empowerment.

scholarly journals Conceptual Model for Mutual (Host-Guest) Authentication of Intangible Cultural Heritage

2019 ◽  
pp. 160
Author(s):  
Shahida Khanom ◽  
Noel Scott ◽  
Millicent Kennelly ◽  
Brent Moyle
Keyword(s):  
Cultural Heritage ◽  
Conceptual Model ◽  
Mutual Authentication ◽  
Indigenous Communities ◽  
Community Empowerment ◽  
Host Community ◽  
Future Research ◽  
Intangible Cultural Heritage ◽  
Social Psychological ◽  
Proposed Model

The intangible cultural heritage (ICH) of indigenous communities is an attraction to many tourists. Authentic ICH experiences rely on the perceptions and actions of both the host community and guests, a topic which has received with limited scholarly attention, particularly in recent research. This paper presents a conceptual model examining how the mutual (host-guest) authentication of ICH (integrating the perceptions of both hosts and guests) can potentially lead to community empowerment. A literature review has identified that the host community?s attitude and motivation towards ICH, their psychological and economic benefit from ICH, and their participation or involvement in the ICH, together influence the authentication of ICH by these communities. Similarly, a guest?s attitude to and motivation for ICH as well as the way the traditional objects, events or environment are experienced, influence the authentication of ICH. The proposed mutual ICH authentication model combines the interaction of such host and guest factors in authentication of ICH, i.e. both the host community and guest should perceive the same elements as authentic ICH through a synthesis of their own unique perspectives. The perceived authenticity of ICH by the host and guest is reflected in their loyalty, satisfaction, and support for tourism. Further, the model suggests that tourism based on authentic ICH has the potential to empower local communities in their economic, social, psychological and political domains. The proposed model may be useful for future research defining power relations in the authentication of ICH and improving community-based ecotourism through community empowerment. Keywords: intangible cultural heritage, authenticity, mutual authentication, cultural tourism, community empowerment

scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Patent Protection ◽  
Intangible Cultural Heritage ◽  
The Third ◽  
Current State ◽  
The World ◽  
Protection Mode ◽  
Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

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