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indigenous intellectual property
Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' rights to protect their specific cultural knowledge and intellectual property.〔RAINFOREST ABORIGINAL NETWORK (1993) ''Julayinbul: Aboriginal Intellectual and Cultural Property Definitions, Ownership and Strategies for Protection.'' Rainforest Aboriginal Network. Cairns. Page 65〕〔Working Group on Indigenous Populations, accepted by the United Nations General Assembly, ''(Declaration on the Rights of Indigenous Peoples )''; UN Headquarters; New York City (13 September 2007): Article 31: "Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."〕
It is a concept that has developed out of a predominantly western legal tradition of intellectual property law, and has most recently been promoted by the World Intellectual Property Organisation, as part of a more general United Nations push to see the diverse wealth of this world's Indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing thievery.〔DODSON, Page 12.〕〔
Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving indigenous peoples' individual and communal intellectual property rights largely unprotected. Therefore, international bodies such as the United Nations have become involved in the issue,〔 making more specific declarations that intellectual property also includes cultural property such as historical sites, artefacts, designs, ceremonies, and performing arts in addition to artwork and literature.〔Working Group on Indigenous Populations, accepted by the United Nations General Assembly, ''(Declaration on the Rights of Indigenous Peoples )''; UN Headquarters; New York City (13 September 2007): Article 11: "Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature."(added )〕
== Declarations regarding Indigenous Intellectual Property ==
While a number of Native American and First Nations communities have issued tribal declarations over the past 35 years, in the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993) then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004)〔 a number of conferences of both indigenous and non-indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining 'indigenous intellectual property'.〔WORLD INTELLECTUAL PROPERTY ORGANISATION (2001)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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