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Author: Silke von Lewinski Publisher: Kluwer Law International B.V. ISBN: 9041124926 Category : Law Languages : en Pages : 564
Book Description
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Author: Marie Battiste Publisher: UBC Press ISBN: 1895830575 Category : Social Science Languages : en Pages : 329
Book Description
Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.
Author: Alexandra Xanthaki Publisher: BRILL ISBN: 9004342192 Category : Law Languages : en Pages : 359
Book Description
Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
Author: Alana Robson Publisher: Banana Books ISBN: 9781800490680 Category : Languages : en Pages : 24
Book Description
"He is forever and ever here in spirit" An adventure. A magic necklace. Brotherhood. Six-year-old Forrest feels lost now that his big brother Kitchi is no longer here. He misses him every day and clings onto a necklace that reminds him of Kitchi. One day, the necklace comes to life. Forrest is taken on a magical adventure, where he meets a colourful cast of characters, including a beautiful, yet mysterious fox, who soon becomes his best friend. www.kitchithespiritfox.com
Author: Yunci Cai Publisher: Routledge ISBN: 0429620764 Category : Social Science Languages : en Pages : 232
Book Description
Staging Indigenous Heritage examines the cultural politics of four Indigenous cultural villages in Malaysia. Demonstrating that such villages are often beset with the politics of brokerage and representation, the book shows that this reinforces a culture of dependency on the brokers. By critically examining the relationship between Indigenous tourism and development through the establishment of Indigenous cultural villages, the book addresses the complexities of adopting the ‘culture for development’ paradigm as a developmental strategy. Demonstrating that the opportunities for self-representation and self-determination can become entwined with the politics of brokerage and the contradictory dualism of culture, it becomes clear that this can both facilitate and compromise their intended outcomes. Challenging the simplistic conceptualisation of Indigenous communities as harmonious and unified wholes, the book shows how Indigenous cultures are actively forged, struggled over, and negotiated in contemporary Malaysia. Confronting the largely positive rhetoric in current discourses on the benefits of community-based cultural projects, Staging Indigenous Heritage should be essential reading for academics and students in the fields of museum studies, cultural heritage studies, Indigenous studies, development studies, tourism, anthropology, and geography. The book should also be of interest to museum and heritage professionals around the world.
Author: Silke von Lewinski Publisher: Kluwer Law International B.V. ISBN: 9041124926 Category : Law Languages : en Pages : 564
Book Description
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Author: Michelle Whitford Publisher: Routledge ISBN: 1000404552 Category : Business & Economics Languages : en Pages : 162
Book Description
History shows that travellers sought to experience the unfamiliar and exotic cultures and traditions of Indigenous peoples, with early examples of Indigenous tourism in the United States, Canada, Scandinavia, Australia, New Zealand and countries throughout Asia and Latin America. Similarly, contemporary travellers demonstrate a desire to seek out opportunities to experience Indigenous peoples and their cultures. Thus, we are witnessing worldwide growth in the awareness of, and interest in, Indigenous cultures, traditions, histories and knowledges. Engagement in the tourism sector is regularly advocated for Indigenous peoples because of the socio-economic opportunities it provides; however, there are a range of cultural benefits including the maintenance, rejuvenation and/or preservation of Indigenous cultures, knowledges and traditions for Indigenous peoples who choose tourism as a vehicle to showcase their cultures. Consequently, tourism is regularly acknowledged as a means for facilitating the sustainability of tangible and intangible Indigenous cultural heritage including languages, stories, art, dance, rituals and customs. Importantly, however, the history of Indigenous peoples’ engagement in tourism has provided a range of examples of the threats to Indigenous culture that can accrue as a result of tourism (i.e., cultural degradation, commercialisation and commodification, authenticity and identity, among others). This book presents an exploration of the intersection between tourism and Indigenous culture. The chapters in this book were originally published as a special issue of the Journal of Heritage Tourism.
Author: Salomé Ritterband Publisher: LIT Verlag Münster ISBN: 3643909764 Category : Social Science Languages : en Pages : 290
Book Description
In 'Living Museums and Cultural Villages', the Ju/?hoansi San of north-eastern Namibia handle their 'Intangible Cultural Heritage' as a basis for self-determination and as a strategy to achieve their claims for indigenous rights. On a regular basis, they perform their?traditional? hunter-gatherer lifestyle for tourists as a means of generating income, while their children playfully practice and re-enact it themselves. After centuries of discrimination and marginalisation, the Ju/?hoansi are moving towards a new position inside the nation state.
Author: Tony Simpson Publisher: IWGIA ISBN: 9788798411031 Category : Law Languages : en Pages : 236
Book Description
The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.
Author: Carole Charette Publisher: Archaeopress Publishing Ltd ISBN: 1789696909 Category : Art Languages : en Pages : 210
Book Description
Prof. Daniel Arsenault, a leading exponent of Canadian Shield rock art, sadly passed away in 2016. This book contains 14 thought-provoking chapters dealing with Daniel’s first love—the archaeology of artistic endeavour. It provides the reader with new ideas about the interpretation and dating of rock art, ethnography, heritage and material culture.
Author: Smith, Charles Publisher: Handel Books ISBN: 9783703617 Category : Literary Criticism Languages : en Pages : 192
Book Description
This edition commits to the depths of black identities in modern black texts. The cultural reclamation of an African origin and/or roots as tied to the solemn remembrance of the Ancestor has demanded the intense attention of enlightened black writers for the social and psychic revaluation of their generation and others that follow. In this series we further examine the status of the oral performer in African traditional societies which encouraged a wide range of human expression to create identity for members of the community Africa -and we have proposed a challenge to sustain the methods of creative transmission through the continuing presence of these African performers who are living proofs of the survival of her oral traditions, especially in the propulsion of communicative action and the communicative strength of men, women and children in the community.
Author: Silke von Lewinski
Author: Marie Battiste
Author: Alexandra Xanthaki
Author: Alana Robson
Author: Yunci Cai
Author: Silke von Lewinski
Author: Michelle Whitford
Author: Salomé Ritterband
Author: Tony Simpson
Author: Carole Charette
Author: Smith, Charles