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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 held to be 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 Decla ...
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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 most of the world's List of national legal systems, 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. Supporters of intellectual property laws often describe their main purpose as encouragin ...
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Traditional Medicine
Traditional medicine (also known as indigenous medicine or folk medicine) refers to the knowledge, skills, and practices rooted in the cultural beliefs of various societies, especially Indigenous groups, used for maintaining health and treating illness. In some Asia, Asian and Africa, African countries, up to 80% of people rely on traditional medicine for primary health care. Traditional medicine includes systems like Ayurveda, traditional Chinese medicine, and Unani medicine, Unani. The World Health Organization supports their integration, but warns of potential risks and calls for more research on their safety and effectiveness. The use of medicinal herbs spans over 5,000 years, beginning with ancient civilizations like the Sumer, Sumerians, Ancient Egypt, Egyptians, Indian people, Indians, and Chinese people, Chinese, evolving through Ancient Greece, Greek, Ancient Rome, Roman, Islam, Islamic, and Middle Ages, medieval European traditions, and continuing into Colonial histo ...
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Indigenous Peoples Of The Americas
In the Americas, Indigenous peoples comprise the two continents' pre-Columbian inhabitants, as well as the ethnic groups that identify with them in the 15th century, as well as the ethnic groups that identify with the pre-Columbian population of the Americas as such. These populations exhibit significant diversity; some Indigenous peoples were historically hunter-gatherers, while others practiced agriculture and aquaculture. Various Indigenous societies developed complex social structures, including pre-contact monumental architecture, organized city, cities, city-states, chiefdoms, state (polity), states, monarchy, kingdoms, republics, confederation, confederacies, and empires. These societies possessed varying levels of knowledge in fields such as Pre-Columbian engineering in the Americas, engineering, Pre-Columbian architecture, architecture, mathematics, astronomy, History of writing, writing, physics, medicine, Pre-Columbian agriculture, agriculture, irrigation, geology, minin ...
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Traditional Knowledge
Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refers to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. Traditional knowledge includes types of knowledge about traditional technologies of areas such as 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 systems of knowledge are generally based on accumulations of empirical observation of and interaction with the environment, transmitted orally across generations. The World Intellectual Property Organization (WIPO) and the United Nations (UN) include traditional cultural expressions (TCE) in their respective definitions of indigenous knowledge. Traditional knowledge systems and cultural expressions exist in the forms of culture, stories, legends, folklor ...
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WIPO
The World Intellectual Property Organization (WIPO; (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 reference database on all IP matters; this includes providing report ...
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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 (as having both economic and cultural value), 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 resu ...
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Arts Law Centre Of Australia
The arts or creative arts are a vast range of human practices involving creative expression, storytelling, and cultural participation. The arts encompass diverse and plural modes of thought, deeds, and existence in an extensive range of media. Both a dynamic and characteristically constant feature of human life, the arts have developed into increasingly stylized and intricate forms. This is achieved through sustained and deliberate study, training, or theorizing within a particular tradition, generations, and even between civilizations. The arts are a medium through which humans 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. The arts are divided into three main branches. Examples of visual arts include architecture, ceramic art, drawing, filmmaking, painting, photography, and sculpture. Examples of literature include ...
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Self-determination
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international law, binding, as such, on the United Nations as an authoritative interpretation of the Charter of the United Nations, Charter's norms. The principle does not state how the decision is to be made, nor what the outcome should be (whether independence, federation, protectorate, protection, some form of autonomy or full Cultural assimilation, assimilation), and the right of self-determination does not necessarily include a right to an independent state for every ethnic group within a former colonial territory. Further, no right to secession is recognized under international law. The concept emerged with the rise of nationalism in the 19th century and came into prominent use in the 1860s, spreading rapidly thereafter. During and after World War ...
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Treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. 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 may be bilateral (between two countries) or multilateral (involving more than two countries). Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumer, Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the Early modern period, early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by ...
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Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ...
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Treaty Law
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states. Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and procedures for how treaties are drafted, defined, amended, and interpreted. An international treaty is a written agreement between countries subject to international law that stipulates their consent to the creation, alteration, or termination of their rights and obligations, as stipulated in the treaty. The Vienna Convention on the Law of Treaties 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 Convention on the Law of Tre ...
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Native American Rights Fund
The Native American Rights Fund (NARF) is a non-profit organization, based in Boulder, Colorado, that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide." Background The Native American Rights Fund started as a pilot project under California Indian Legal Services in Berkeley, then spun off and moved to Boulder in 1971. David Getches was the founding Executive Director with John Echohawk ( Pawnee) taking over the role in 1973. Attorney Charles Wilkinson joined in 1971. Echohawk serves as executive director. NARF is governed by a volunteer board of directors composed of thirteen Native Americans from different tribes throughout the country with a variety of expertise in Indian matters. A staff of fifteen attorneys handles about fifty major cases at any given time, with m ...
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