TITLE

MODERN AGE PROTECTION: PROTECTING INDIGENOUS KNOWLEDGE THROUGH INTELLECTUAL PROPERTY LAW

AUTHOR(S)
Schuler, Lindsey
PUB. DATE
November 2013
SOURCE
Michigan State International Law Review;Nov2013, Vol. 21 Issue 3, p751
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Protecting Indigenous knowledge and culture has long been a concern both within and outside of the legal community. In the last decade an increased awareness and attempt to protect the rights and dignity of Indigenous innovation, knowledge, and culture has spread to the realm of intellectual property law. Efforts have been made to protect folklore and art through copyright law, insignia through trademark law, and biotechnology and genetic resources through patent law. This paper addresses the foundations of individual national laws aiming at protecting Indigenous culture through intellectual property law as well as the current draft of international law by the World Intellectual Property Organization (WIPO). Part II explains the background concept of sui generis intellectual property law and how Indigenous' protections evolved to fall under the umbrella of Intellectual Property law. Part III analyzes intellectual property laws of five independent nations that have taken steps through intellectual property to protect the knowledge and culture of their Indigenous populations and questions whether these individual laws are adequate or whether international protections would be more beneficial. Part IV will introduce and outline the basic concepts and theories behind the WIPO draft attempting to create an international declaration protecting Indigenous Knowledge through intellectual property law. Part IV also includes a discussion of the ongoing debate over the arrangement of the final draft of the declaration. Finally, in Part V, this essay suggests recommendations for the final WIPO declaration and reflects on the proper course of action to most securely implement these new intellectual property laws in a way that will most fully protect Indigenous knowledge and culture.
ACCESSION #
93625193

 

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