World Intellectual Property Organization (WIPO) and the Government of Canada The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights Mauro Barelli . It also seeks to provide opportunities for Indigenous peoples to advocate their interests through engagement activities, increased participation in domestic and international discussions on IP, Indigenous knowledge and cultural expressions, and to explore options to make the IP system more inclusive and accessible to Indigenous peoples. This is reflected in, for example, the Federal Government’s 2018 Intellectual Property Strategy which includes initiatives that reflect the needs and interests of Indigenous peoples. Significant differences exist between Western and Indigenous societies, and their respective knowledge and legal systems affect heritage. Heritage includes all aspects of cultural practices, traditional knowledge, and resources and knowledge systems developed by Indigenous people as part of their Indigenous identity. Indigenous Research Support, Government of Canada & WIPO Workshop in Iqaluit, Nunavut, May 2019, Workshop on Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property On April 26, 2018, Canada’s minister of innovation, science and economic development, the Honourable Navdeep Bains, announced Canada’s new intellectual property (IP) strategy. Furthermore, provincial legislation in this area has proven to be deficient in recognizing and affirming indigenous culture and heritage, according to one commentator. Riley. This research theme investigates the application of intellectual property law to the realm of cultural heritage, as well as alternative models to protect, promote, and maintain tangible and intangible cultural heritage. World Intellectual Property Organization (WIPO) (Switzerland) Wend Wendland has some 30 years’ experience in intellectual property, in both the private and public sectors. In so far as names, signs and symbols are concerned, Canadian laws protecting trademarks and relating to unfair competition may be the most relevant: As many cultural expressions are literary and artistic works and performances, copyright and related rights may be relevant for their protection:Â. Introduction: Mapping Indigenous Intellectual Property Matthew Rimmer . Indigenous Cultural and Intellectual Property (ICIP) (AITB) Indigenous Cultural and Intellectual Property refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. The WTO, The TRIPS Agreement and Traditional Knowledge--Tania Voon 3. ‘This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. The relationship between intellectual property (IP) and the protection of Indigenous knowledge and cultural expressions is complex and challenging. Corn, M. Lee and D.M. *** Ken S. Coates is MLI’s Munk Senior Fellow in Aboriginal and Northern Canadian Issues. - Kirsten Anker, McGill University, Canada 'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. It is also recognized that TK and TCEs can be collectively held and may evolve and change over time as they are passed down from generation to generation. Mary; Moran. The relationship between intellectual property law and the protection of Indigenous knowledge and cultural expressions is a complex subject that has been receiving increasing attention over the last few years. They are an important step in providing … A full discussion of bioprospecting and Indigenous peoples is outside the scope of this paper, but see for example Josephine Axt, M.L. Northern Affairs Canada) IP Intellectual Property WIP OWorld Intellectual Property Organization The Contractors: Simon Brascoupé (Algonquin-Mohawk) is an Ottawa-based Aboriginal consultant, artist and university lecturer. As noted, Canada lacks specific federal legislative framework recognizing and affirming broad-based indigenous cultural and intellectual property protection. Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. Indigenous Languages and Cultures Program, Canadian Heritage Indigenous peoples may also find that barriers hinder their use of the formal IP system. Innovation, Science and Economic Development Canada, Please visit the Indigenous Peoples and Intellectual Property webpage for more information. The program, launched by the Minister on April 26, 2019, included support for the WIPO Voluntary Fund and Indigenous organizations in Canada. Indigenous Program, Canadian Heritage The article will describe the notion of cultural appropriation and explain how it … The following is intended to provide an overview to stimulate and inform broader policy discussions in Canada. PART I INTERNATIONAL LAW 1. IP generally refers to creations of the mind, including inventions, literary and artistic works, designs and symbols, and names and images used in business. TK generally refers to the know-how, skills, innovations and practices developed by Indigenous peoples related to biodiversity, agriculture, health and craftsmanship. But for depth, breadth and legitimacy, this one is the best so far. Such differences result in potential gaps where the protections under the formal IP system do not extend to some types of Indigenous knowledge and cultural expressions. Canada Council for the Arts Indigenous Traditional Knowledge MISSION. Work to collect and analyze data on the awareness and use of IP protections, services and resources by Indigenous businesses and entrepreneurs has started and results are expected to be published in 2020. Several Indigenous communities, organizations, and representative bodies in Canada have registered trademarks, certification marks, official marks and authenticity labels, including the Genuine Cowichan official mark and certification mark, the Igloo Tag trademark, and the trademarked Assembly of First Nations logo. 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