• It is dominant model for recognising and protecting knowledge and cultural expression (e.g. literature and art)
• A fundamental issue with the treatment of intellectual property for indigenous peoples is that it is based on concepts that are in stark contrast to indigenous peoples' views, which is that knowledge is created and owned collectively , and the responsibility for the use and transfer of the knowledge is guided by traditional laws and customs.
• These traditional laws and customs are not generally recognised within the international property rights regime.
• Indigenous people are therefore concerned that the intellectual property regime, based on Western notions of individualism and innovations, does not have the ability to protect the collective or perpetual interest of indigenous
• How, in order to protect their rights, indigenous peoples are required to assert intellectual property rights, as there are no other mechanisms available to protect their cultural expression.
• For example, artists and creators of crafts have used intellectual property to gain copyright protection for tangible arts and objects such as woods carvings, silver jewellery and sculptures.
• Trademarks have been used to identify traditional art, food products and clothing.
• It Is almost impossible to identify individual creators behind traditional knowledge.
• So the intellectual property regime leaves most traditional knowledge and folklore vulnerable to appropriation, privatisation, monopolisation and even bio piracy by outsiders.
• The issue is predominantly about commodification of indigenous culture.
• That is, the exploitation of indigenous arts, designs, stories, performance and other art forms and the proliferation of products that imitate, misrepresent and profit from alleged association with indigenous cultures.
WIPO funds an indigenous intellectual property law fellowship progra- pays for an...
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