Indigenous Cultural And Intellectual Property
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Indigenous Cultural And Intellectual Property
Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used. There have been various efforts made since the late 20th century towards providing some kind of legal protection for indigenous intellectual property in colonized countries, including a number of declarations made by various conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO) was created in 1970 to promote and protect intellectual property across the world by cooperating with countries as well as international organizations. The UN's Dec ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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United Nations High Commissioner Of Human Rights
The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nations that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights. The office is headed by the High Commissioner for Human Rights, who co-ordinates human rights activities throughout the United Nations System and acts as the secretariat of the Human Rights Council in Geneva, Switzerland. The eighth and current High Commissioner is Volker Türk of Austria, who succeeded Michelle Bachelet of Chile on 8 September 2022. In 2018–2019, the department had a budget of $201.6 million (3.7 per cent of the re ...
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Aboriginal Law Bulletin
The Indigenous Law Centre (ILC), formerly the Aboriginal Law Research Unit and Aboriginal Law Centre, is part of the Law Faculty at the University of New South Wales. It develops and coordinates research, teaching and information services in the multi-disciplinary area of Indigenous peoples and the law, and publishes two major journals: the ''Australian Indigenous Law Review'' (formerly ''Australian Indigenous Law Reporter'') and the ''Indigenous Law Bulletin'' (formerly ''Aboriginal Law Bulletin''). It is the only Indigenous law research centre in Australia. History In early 1970, when the first Aboriginal Legal Service (ALS) was established, Hal Wootten, professor of law, was its first President. He operated the ALS from the UNSW Law School in its early years. When the Whitlam Government funded the ALS, staff found their time taken up with criminal representation, and had no time for law reform advocacy, so they carried on contacting the UNSW Faculty of Law members for advi ...
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First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of Dis ...
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Indigenous Peoples Of The Americas
The Indigenous peoples of the Americas are the inhabitants of the Americas before the arrival of the European settlers in the 15th century, and the ethnic groups who now identify themselves with those peoples. Many Indigenous peoples of the Americas were traditionally hunter-gatherers and many, especially in the Amazon basin, still are, but many groups practiced aquaculture and agriculture. While some societies depended heavily on agriculture, others practiced a mix of farming, hunting, and gathering. In some regions, the Indigenous peoples created monumental architecture, large-scale organized cities, city-states, chiefdoms, states, kingdoms, republics, confederacies, and empires. Some had varying degrees of knowledge of engineering, architecture, mathematics, astronomy, writing, physics, medicine, planting and irrigation, geology, mining, metallurgy, sculpture, and gold smithing. Many parts of the Americas are still populated by Indigenous peoples; some countries have ...
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Traditional Knowledge
Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge. Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others. These kinds of knowledge, crucial for subsistence and survival, are generally based on accumulations of empirical observation and on interaction with the environment. In many cases, traditional knowledge has been passed for generations from person to person, as an oral tradition. Some forms of tradi ...
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WIPO
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as a general r ...
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Traditional Cultural Expressions
Cultural expressions are creative manifestations of the cultural identities of their authors. They are treated in the international legal system in terms of cultural rights, intellectual property law and international trade. Definition The objective of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural ExpressionsUNESCO, October 20, 2005 005 Convention is, as its title indicates, to protect and promote the diversity of cultural expressions. The achievement of such objectives requires respect for all cultures, the reaffirmation of the cultural sovereignty of States, the recognition of the dual nature of cultural goods and services, and the rebalancing of cultural exchanges through the strengthening of international cooperation and solidarity measures. The concept of cultural expression is central to the 2005 Convention, which provides a definition:Cultural expressions are those expressions which result from the creativity of individuals, groups and ...
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Arts Law Centre Of Australia
The arts are a very wide range of human practices of creative expression, storytelling and cultural participation. They encompass multiple diverse and plural modes of thinking, doing and being, in an extremely broad range of media. Both highly dynamic and a characteristically constant feature of human life, they have developed into innovative, stylized and sometimes intricate forms. This is often achieved through sustained and deliberate study, training and/or theorizing within a particular tradition, across generations and even between civilizations. The arts are a vehicle through which human beings cultivate distinct social, cultural and individual identities, while transmitting values, impressions, judgments, ideas, visions, spiritual meanings, patterns of life and experiences across time and space. Prominent examples of the arts include: * visual arts (including architecture, ceramics, drawing, filmmaking, painting, photography, and sculpting), * literary arts (includin ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Treaty Law
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Conventio ...
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