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Edited Legal Collections Data |
Book Title: Indigenous Intellectual Property
Editor(s): Rimmer, Matthew
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781781955895
Section Title: Introduction: mapping Indigenous intellectual property
Author(s): Rimmer, Matthew
Number of pages: 44
Abstract/Description:
The United Nations Declaration on the Rights of Indigenous Peoples 2007 provides a broad, holistic definition of Indigenous intellectual property. The preamble took the view that ‘respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment’. Article 31 (1) provides a broad recognition of Indigenous intellectual property: Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. Article 31 (2) stipulates: ‘In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.’
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URL: http://www.austlii.edu.au/au/journals/ELECD/2015/1506.html