Significant differences exist between Western and Indigenous societies, and their respective knowledge and legal systems affect heritage. June 1993. Intellectual Property Rights versus Indigenous Peoples Rights and Obligations. Have you acted in good faith and respected the privacy of Aboriginal peoples and communities? Sometimes the words “Cultural Heritage” are used to mean the same thing. Some critics consider IPR systems to be a threat to Indigenous peoples' cultural maintenance. "It's about the principle, and those principles are protocols. An acknowledgement of the owner/s of the cultural heritage or expression. The Sub-Commission on Prevention of Discrimination and Protection of Minorities commissioned a Study on the Protection of the Heritage of Indigenous Peoples. Email: [email protected], The Official Guide to Copyright Issues for Australian Schools and TAFE, Indigenous Cultural and Intellectual Property Rights. "We have to protect our culture when collaborating. However, “they are also and perhaps more importantly, instrumental to the preservation and continuation of indigenous cultures.” The challenges of protecting the cultural and intellectual property rights of indigenous peoples, including their ability to benefit commercially from cul… the collected information remains the intellectual property of the people who provided it. Cultural and intellectual property rights are areas of growing concern for Indigenous peoples. Article 11 of UNDRIP declares that Indigenous people have not only the right “to practice and revitalize their cultural traditions and customs [including] the right to maintain, protect and develop the past, present and future manifestations of their cultures,” but also the right to “redress [provided by the state] through effective mechanisms, which may include restitution, developed in conjunction with … Resources by Indigenous and Local Community Organizations Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples Date: June 1993 Notes: Code of Ethics cited in Article 1.3 for external users and Articles 2.12, 2.13 and 2.14 for museums. Protecting the Intellectual Property Rights of Indigenous Peoples; and Creating Opportunities for Sustainable Livelihoods • The Importance of Intellectual Property Rights for the First Peoples (Dr. Justin Koo, The Faculty of Law, UWI, St. Augustine) [15 mins] • The Protection of Traditional Medicine (Dr. But that's hard with Indigenous people because it's ongoing," she said. home ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. "Copyright ownership is 70 years after the death of the author. The best non-legislative means of dealing with ICIPR is to develop an organisational cultural protocol. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution 4.0 International Licence. If someone copies that and distributes it, they now own that image. Arts Law Centre of Australia's website says copyright is "a bundle of economic rights which give [the] owner the exclusive right to do certain things in relation to the object it protects.". The Indigenous Intellectual Property Program grant supports Indigenous peoples' IP awareness and capacity building as well as participation in the development and implementation of law, policy and programs at both the domestic and international level relating to the relationship between IP and the protection of Indigenous knowledge and cultural expressions. "But if you want to use it in a contemporary setting, you have to get permission.". "There are gaps in the law which mean that unless Indigenous people can meet the requirements of intellectual property laws like copyright, their rights are unprotected and open to exploitation," the Terri Janke and Company website states. Lenzerini, ‘Indigenous Peoples’ Cultural Rights and the Controversy over Commercial Use of their Traditional Knowledge’, in Francioni and Scheinin (eds), supra note 2, at 119. As best practice, any projects involving Aboriginal cultural expression should be negotiated with the owner/s using appropriate protocols which include: An Aboriginal perspective should be sought on all issues surrounding the proposal. 1. "The fact that people can use Indigenous words or designs without consent or consultation can be detrimental to an Indigenous community or individual.". ‘due account’ of the cultural and religious values of indigenous populations and to promote the full realization of the cultural rights of indigenous peoples. It covers a lot of areas. National Copyright Unit Ms Barba said her desert flowers represented "women's business" in a contemporary abstract rendition. 2.13 Museums and other institutions must provide, to the country and indigenous peoples concerned, an inventory of any indigenous cultural objects still held in their possession. There is no need to register a work in some official register.". She says ICIP covers many things, including: "Traditional knowledge, cultural practices, spiritual knowledge, ancestral material and languages.". Book Review M.A. ›› There she also read out the Uluru Statement of the Heart. Have you ensured that the community understands the copyright issues of the project? The Smartcopying website has been produced by the National Copyright Unit on behalf of the Copyright Advisory Groups (Schools and TAFEs). Does your nominated Aboriginal community representative have the authority to speak for or on behalf of the proposed project? Declaration on the Rights of Indigenous Peoples requires states to provide an effective remedy to indigenous peoples deprived of their cultural, religious, or intellectual property (IP) without their free, prior and informed consent. CULTURAL OBJECTS 2.12 All human remains and burial objects of indigenous peoples held by museums and other institutions must be returned to their traditional areas in a culturally appropriate manner. Page 7 of 12. -1- CULTURAL AND INTELLECTUAL PROPERTY RIGHTS OF INDIGENOUS PEOPLES OF THE PACIFIC Aroha Te Pareake Mead Suva, Fiji 4 September 1996 _____ Mr. Chairman, on behalf of Maori Congress I would like to convey to the Prime Minister, Under Indigenous customary law, intellectual property rights are generally not transferable but transmission, if permitted, is based on a series of cultural qualifications. An agreement outlining the conditions of consent should be obtained from the owner/s for projects to commence and continue. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. Intellectual and Cultural Property Rights of Indigenous and Tribal Peoples in Asia Publication | 22 May 2003 A4, 44pp, ISBN 1 904584 02 0 Indigenous and tribal peoples worldwide are faced with the appropriation of their collective heritage developed through the ages. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. . But there are moral rights. All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people; Aboriginal people have the right to protect and manage the use of their cultural heritage and expression; Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to: There is no specific legislation in Australia that recognises ICIPR. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. ", "And that ICIP from my grandmother was tarnished.". But there's only so much that ICIP rights can do to protect Indigenous people. Have you received written consent from the traditional owners/custodians of ICIPR for the project? Bengwayan, Intellectual and Cultural Property Rights of Indigenous and Tribal Peoples in Asia , Minority Rights Group Report, May 2003. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. Indigenous peoples' heritage is a living heritage and it includes objects, knowledge, performingworks, and literary works - all of those things created in the past, now and in the future. Finally, The Draft Declaration on the Rights of Indigenous Peoples in Article 7 provides the right of indigenous people to have their cultural and intellectual property protected. 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"Copyright protection is automatic upon creation of the work. Under non-Indigenous laws intellectual property can be freely transmitted and assigned, usually for economic returns for a set time and in any medium. From Rawhide to Searchlight: What do US Secret Service agents call some of these famous people? The international policy debate on the intellectual property rights of indigenous peoples has advanced from the question of whether indigenous knowledge should be protected to a consideration of how to protect it. Does your proposal safeguard Aboriginal sensibilities. All without her knowledge or consent. Since the beginning of the 21st century, however, the legal conversation about intellectual rights has expanded to include protection for the traditional knowledge systems of indigenous people. A protocol may include guidelines on procedure, a code of behaviour or a set of rules on how to recognise and deal with ICIPR. See also McJohn and Graham, ‘Indigenous Peoples and Intellectual Property’, 19 Washington U J L and Policy (2006) 313. "For them to take that and translate it into a carpet, and take it apart … I was just devastated. ICIP stands for Indigenous Cultural and Intellectual Property. ICIP is … Subsidiary IPR goals are to manage the degree and process by which cultural knowledge is shared with outsiders and, in some instances, to be justly compensated for it. However this piecemeal protection is fragmented and limited. An ABC-wide initiative to reflect, listen and build on the shared national identity of Indigenous and non-Indigenous people. Declaration on the Rights of Indigenous Peoples states: Indigenous peoples have the right to maintain, control, protect and develop their ... will provide sufficient protection for Indigenous cultural and intellectual property a range of . 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. Her very own artwork was used to design the interior of a Polish hotel. , a paper by Indigenous intellectual property (IP) firm Terri Janke and Company, a copy can be found here: Education Licences (Statutory and Voluntary Licences), How to clear rights (where there is no Statutory Licence or Voluntary Agreement in place), National Educational Access Licence for Schools (NEALS), Newsletters: Copyright news for Australian Schools and TAFEs, https://www.ipaustralia.gov.au/about-us/news-and-community/news/indigenous-knowledge-issues-protection-and-management. The U.N. ICIPR is a reference to indigenous peoples' rights to their heritage. Join us as we listen, learn and share stories from across the country, that unpack the truth-telling of our history and embrace the rich culture and language of Australia's First People. Print this page Ms Barba knows too well the devastating effects that infringing ICIP and copyright can have on an artist. Indigenous Peoples and Intellectual Property . Cultural & Intellectual Property Rights of Indigenous Peoples Whakatana, 12-18 June 1993 Aotearoa, New Zealand . Both locally and globally we are seeing the development of laws, conventions, declarations and all forms of legal documentation in relation to cultural and intellectual property. Her visual storytelling uses knowledge and motifs passed down from her grandmother. In recognition that 1993 is the United Nations International Year for the World's Indigenous Peoples; In order to respect ICIP, Terri Janke and Company incorporates these ten True Tracks principles: Walking Together is taking a look at our nation's reconciliation journey, where we've been and asks the question — where do we go next? She was also invited to the World Intellectual Property Organisation (WIPO) in 2018, which is one of the 15 specialised agencies of the United Nations in Geneva. Wakka Wakka and Yuin artist Bibi Barba says copyright law doesn't protect ICIP. ISBN: 1–904584020; 39 pages; price: GBP 6.70; USD 11.75 outside the UK. survival . immoveable cultural property - sacred sites, burial grounds. copyright guidelines Have you made arrangements with the community to provide feedback on the project at all stages? The … She also specialises in ICIP. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. documentation of indigenous peoples' heritage in archives, commercialise ICIPR in accordance with traditional laws and customary obligations, benefit commercially from the authorised use of ICIPR, the period of copyright protection is finite and is unable to protect traditional art which has been passed through generations, All Aboriginal people are entitled to respect for their culture, All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people, Aboriginal people have the right to protect and manage the use of their cultural heritage and expression, Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression, Aboriginal people have a right to Government support in the protection and maintenance of their cultural heritage and expression. Usually the particular objects, sites and knowledge pertain to a particular indigenous group or territory. In Geneva, she got to be a part of the Indigenous Caucus and chair it. Acknowledging the spiritual dimension of their universe and respecting the mauri or central life force of every living thing was fundamentally important to the Maori world view. Here's a full list of rights that ICIP covers according to Terri Janke and Company: Ms Cubillo says it's also based on the idea of self-determination. Lorie Graham * Stephen McJohn ** “There is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and [] the protection of both is essential to the indigenous peoples’ cultural and economic . Intellectual and cultural property rights are not generally considered central to the indigenous cause. Accept that the cultural and intellectual property rights of indigenous peoples are vested with those who created them. Indigenous Cultural and Intellectual Property Rights. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Traditional cultural expressions, which include artwork, symbols, song, and dance, that “reflect and identify a community’s history, cultural and social identity, and values,”can result in economic benefits to indigenous peoples. Ms Barba herself is studying law and has worked at ArtsLaw Australia as a national coordinator for its Artist in the Black project. Ms Cubillo says there are some challenges that come with this. It's about recognising rights," she said. develop more effective measures to protect the intellectual and cultural property rights of indigenous peoples. That's because ICIP rights are based in customary laws which are not recognised by the legal system. Ms Cubillo said at the heart of respecting ICIP and copyright is consultation and consent. The development and use of protocols is becoming common practice in government and the corporate sector. The international system for protecting the rights of intellectual property has long focused on protecting the needs of technologically advanced societies. Something she wasn't aware of until she came across it on a google search. This sourcebook presents a collection of papers focusing on the intellectual property rights (IPR) of indigenous peoples--their rights to protect and control their cultural knowledge. INDIGENOUS CULTURAL & INTELLECTUAL PROPERTY (ICIP) ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Sometimes the words “Cultural Heritage” are used to mean the same thing. Download as PDF. The idea of ICIP is based on the principle of self-determination. Indigenous Intellectual Property Program. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Level 7, 105 Phillip St, Parramatta Indigenous peoples claim that existing intellectual property rights (IPR) systems do not provide adequate recognition and protection of their cultural products and expressions. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. "And if that goes into the public it kind of comes up for grabs. The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples. A clear description in plain and appropriate language of: what the anticipated benefits to the community will be. Creative Commons Attribution 4.0 International Licence. .” 1. The following questions are intended as a guide to assist educational institutions in negotiations and consultations with Aboriginal communities. By way of example, set out below is the NSW Ministry of the Arts Indigenous Arts Protocol. ICIP refers to all the rights that Indigenous people have, and want to have, to protect their traditional arts and culture. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. Ms Barba says by valuing and respecting Indigenous culture. Hot Topics The nature and use of indigenous peoples' heritage is passed down from generation to generation. For copyright, however, it's a different story. Heritage-listed Brisbane mansion faces uncertain future after racking up hefty council rates bill, 'No escape': NSW economy at risk from Australian-Chinese tensions, leading expert warns, Video shows US police raiding outspoken data scientist's home over alleged COVID data hack, ASX to rise for seventh day as COVID vaccine euphoria pushes Wall St to new records. Her design, "flowers of the desert", were used on carpets and indoor panels throughout the hotel. the project will not result in damage to Aboriginal cultural integrity; and. ›› Does the community understand the aims, objectives and methodology of the project? Develop in full co-operation with indigenous peoples an additional cultural and intellectual property rights regime incorporating the following: 2.14 Indigenous cultural … ›› Tel: 02 7814 3855 Attribute the artist's work tastefully and with respect," she said. Does the community understand how the outcomes of the project will be used? What is Indigenous Cultural and Intellectual Property ('ICIP')? For example, copyright can only provide limited protection of ICIPR, in particular: Increasingly indigenous communities are using non legislative means such as contract and protocols to protect their ICIPR. "A lot of art is found in the public domain, for example, rock art. . 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