"Intellectual property" and indigenous peoples in the international human rights arena

This presentation was given as part of the Expert Seminar on Indigenous Cultures and Languages in collaboration with the UN by Professor Graham Dutfield from the University of Leeds. The seminar, hosted at Brunel University, took place on the 8th and 9th March 2012 and was organised by Brunel Law School's Human Rights Research Centre. The initiative, fronted by Dr Alexandra Xanthaki of Brunel Law School, represents a positive example of how academia, the civil society and the international community can come together with vulnerable groups to help the regain their rights

Intellectual Property Rights and the Ascent of Proprietary Innovation in Agriculture

Biological innovations in agriculture did not enjoy protection by formal intellectual property rights (IPRs) for a long time, but the recent trend has been one of considerable broadening and strengthening of these rights. We document the nature of these IPRs and their evolution, and provide an assessment of their impacts on innovation. We integrate elements of the institutional history of plant IPRs with a discussion of the relevant economic theory and a review of applicable empirical evidence. Throughout, we highlight how the experience of biological innovation mirrors, or differs from, the broader literature on IPRs and innovation. We conclude with some considerations on the relation between IPRs and market structure and the pricing of proprietary inputs in agricultur

Intergenerational justice: a framework for addressing intellectual property rights and climate change

At first blush, one may wonder what contribution normative theory can make to what seems to be such a technical/political issue as the role of intellectual property rights (IPRs) in the global climate change regime. There are two answers to this. Firstly, as eloquently put by Joe Bowersox,“... normative theory… can be a powerful diagnostic tool for evaluating public policy; it can act as an altimeter, if you will, that checks the thinness of the theoretical air surrounding a particular policy mountain or molehill, telling us whether there is enough oxygen present to support political life. Sometimes theory may even suggest that we try an alternative, less precipitous policy pass by which to cross to the other side.” Conceptions about justice - can provide a valuable framework in terms of ensuring that policy prescriptions are well directed, particularly given that economic policy discourse can bury ethical assumptions. This broader picture, can provide a valuable point of reference in the highly technical debates relating to intellectual property rights and climate change. A second reason for turning to normative theory is the reality that environmental treaties will not be agreed to without at least overlapping conceptions of fairness. This provides a practical motivation for interrogating more deeply justice discourses involved in the climate change negotiations. To the extent that the current global climate regime is inadequate, shared understandings of justice are a crucial precondition for reforming and making more effective the current climate change regime

Are identities oral? Understanding ethnobotanical knowledge after Irish independence (1937-1939)

BACKGROUND: The Schools' Folklore Scheme (1937-1939) was implemented at a pivotal time in Irelands' political history. It resulted in a body of ethnological information that is unique in terms of when, why and how it was collected. This material consists of over 700,000 pages of information, including ethnomedicinal and ethnobotanical traditions, reflecting an oral identity that spans generations and that in many cases was not documented in writing until the 1930s. The intention of this study is to highlight the importance of the Schools' Folklore Scheme and to demonstrate an ethnographic approach based on recollections of original participants of the scheme, to further understand the material in the collection and the impact it had on the participants. METHODS: This study involves an analysis of both oral and archival data. Eleven semi-structured interviews with original participants of the scheme were carried out between April and September 2016. Their corresponding schools' archival contributions to the scheme were located, and ethnomedicinal information was analysed and compared with the participants' recollections. RESULTS: The majority of participants' stated the scheme had a positive impact on them. Five participants' recalled collecting ethnomedicinal information, and there was a direct correlation between three of the participants' ethnomedicinal recollections and their entries in the archives. One third of all the ethnomedicinal entries analysed included the use of a plant. There were 191 plant mentions and 64 plant species named. CONCLUSIONS: Contacting the original participants offers a novel approach of analysing this archival material. It provides a unique first-hand account of this historical initiative, an insight into how the scheme was implemented and how it impacted upon the children. The ethnomedicinal and ethnobotanical information provides an understanding of the medicinal practices in Ireland during the 1930s. The plant species that were both orally recalled by participants and documented in the archives are in keeping with key ethnomedicinal systems throughout the world

Between Hope and Hype: Traditional Knowledge(s) Held by Marginal Communities

Traditional Knowledge (TK) systems have always been integral to the survival and adaptation of human societies. Yet, they enjoy a fairly recent recognition and popularization by scientists, the media, politicians, corporates and the wider public. In this paper we present a typology of key driving forces behind the popularization of TK held by marginal communities: an equality preference motive, a value motive, a compliance motive, a scarcity motive and a strategic motive. Secondly, through the use of a simple model, we discuss the hype's impact on marginal communities. Moreover, we critically assess the outcome of a number of policy instruments that intend, in part, to protect traditional knowledge bases of such communities. Our analysis primarily draws upon secondary literature; policy documents and case studies within economics, the social sciences, conservation biology and legal studies. We argue that whilst the public and institutional hype around TK may have resulted in its prioritization within international conventions and frameworks, its institutionalization may have adversely impacted marginalized communities, and in particular contexts, unintentionally led to the creation of 'new' marginals. We purport that the traditional innovation incentive motive does not hold for protecting TK within a private property regime. Instead we identify a conservation incentive motive and a distribution motive that justify deriving policy instruments that focus on TK to protect marginal communities

The international biotrade, conservation and intellectual property rights

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