Image: "Aboriginal Embassy," an Aboriginal protest site in Canberra, Australia.
Photo by Michael F. Brown, 1998. |
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A
list of book-length works focusing
on indigenous IPR and sacred sites, based on pp. 299-301 of Who
Owns Native Culture?. |
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Draft
UN Declaration
of the Rights of Indigenous Peoples. (Available in multiple sites.) |
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Karen
M. Strom and others have developed the informative website A
Line in the Sand, which emphasizes indigenous cultural/intellectual
property |
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Indian
Law Resource Center's Proposed
American Declaration on the Rights of Indigenous Peoples |
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The
Australian report, Our Culture:
Our Future, arguably the most comprehensive consideration of the
legal status of indigenous intellectual property, is available full-text
online as well as in a published version. This is required reading
for anyone interested in these questions. [6-2004
NOTE: Report back on line.] |
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Mataatua
Declaration on Cultural & Intellectual Property Rights of
Indigenous Peoples |
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Joseph
Wambugu Githaiga's article
"Intellectual Property Law and the Protection of Indigenous Folkore
and Knowledge," Australia |
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Canadian
document, Intellectual
Property & Aboriginal People: A Working Paper, full-text (pdf)
download |
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Alaska
Native Knowledge Network's information
page on indigenous IPR |
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Michael
Blakeney's paper, "Intellectual
Property in the Dreamtime" (1999), full-text (pdf) download |
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Essay
by the legal scholar Sarah Harding,"Justifying
Repatriation of Native American Cultural Property,"1997,
available full-text (html) |
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Jessica
Scott Jerome's annotated
bibliography, "Intellectual Property Rights & Indigenous
Peoples, available full-text (pdf) |
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Paper
by the Maori barrister Maui Solomon,"Intellectual
Property Rights and Indigenous Peoples' Rights and Obligations,"
2000, available full-text (html) |
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Website of Project for the Protection & Repatriation of First Nation Cultural
Heritage in Canada. Site includes project description, useful information
on relevant legislation, and bibliographic material. |
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Essay
by Jonathan Blavin (Harvard Law School), "Folklore in Africa,"
2003, available full-text (html). Considers IPR status of folkloric
productions in Africa. |
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Report
(44 pp) by Michael A. Bengwayan, "Intellectual and Cultural Property
Rights of Indigenous and Tribal Peoples in Asia," 2003, available
full-text (.pdf) from Minority Rights Group International. |
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Article by Tiffany Jenkins, "Who Owns Human Remains?", a repatriation
skeptic, from website of Open Democracy, a UK organization, April
2003, full-text (html with images). |
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UNESCO's
Draft
International Convention for the Safeguarding of Intangible Cultural
Heritage, 2003, available in full-text (.pdf) format.. |
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Essay
by legal scholar Rosemary J. Coombe, "Intellectual
Property, Human Rights and Sovereignty: New Dilemmas in International
Law Posed by the Recognition of Indigenous Knowledge and the Conservation
of Biodiversity," 1998, available full-text (pdf) |
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Report,
Commission on Intellectual Property Rights, "Integrating Intellectual
Property Rights and Development Policy, London, 2002. (Long report
available as downloadable pdf, MSWord, or html chapters.) |
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IPRSonline.org's
useful and regularly updated list
of downloadable articles on IPR and traditional knowledge, mostly
available as full-text pdfs |
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Article by the legal scholar Paul Kuruk, "Protecting Folklore Under Modern
Intellectual Property Regimes: A Reappraisal of the Tensions between
Individual and Communal Rights in Africa and the United States, American
University Law Review, 1999, available full-text (pdf). |
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Report
from WIPO (World Intellectual Property Organization, Geneva), "Traditional
Cultural Expressions/Expressions of Folklore: Legal and Policy Options,"
December 2003 (pdf file, 53 pp). |
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Article
by Tiffany Jenkins on the impact of new policies regarding bones and
other human tissues held by museums, with special reference to the
UK. From spiked-online.com,
a London-based publication. |
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Article by Johanna Gibson, "The Cultural Diversity in Biodiversity: The
Protection of Indigenous Cultural and Intellectual Resources in a
Global Context," from Situation Analysis, Spring 2003,
available full-text (pdf). |
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Website of PIIPA (Public Interest Intellectual Property Advisors, Inc.), "an
international non-profit organization that makes intellectual property
counsel available for developing countries and public interest organizations
who seek to promote health, agriculture, biodiversity, science, culture,
and the environment." |
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Important essay now available online: Rosemary J. Coombe, "Fear, Hope, and Longing for the Future of Authorship and a Revitalized Public Domain in Global Regimes of Intellectual Property," originally published in the DePaul Law Review, Summer 2003 (pdf). |
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Repatriation and Cultural Property Rights, a website with information and useful links maintained in Australia. |
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The World Intellectual Property Organization (WIPO) has recently posted an important study by Terri Janke, Minding Culture: Case Studies in Intellectual Property and Traditional Cultural Expression, 2003 (a large pdf file). |
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Document: "A Treaty between Indigenous Nations on the Protection of Cultural Property and Traditional Resource Rights: Asserting Indigenous Nation Sovereignty. Joint document of the Center for World Indigenous Studies, the Morning Star Institute, and the Northwest Indian Applied Research Institute, 2000. |
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WIPO document, "Our Creative Heritage: IP Best Practices and Guidelines for Recording and Digitizing Cultural Heritage. |
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"Owning Culture," a short essay on anthropology and indigenous IPR by Michael F. Brown, published in the April 2004 issue of Anthropology News, a monthly publication of the American Anthropological Association (html). Posted here 22 November 2004. |
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Martin Skrydstrup, Towards Intellectual Property Guidelines and Best Practices for Recording and Digitizing Intangible Cultural Heritage. WIPO, October 2006. 1 Mb PDF file. Posted here 13 December 2007. |
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Two articles about the impact and possible future of the Native American Graves Protection and Repatriation Act:
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