Indigenous knowledge and cultural expressions are not formally protected under the International IP System, but within international IP discussions, the terms generally used are traditional knowledge (TK) and traditional cultural expressions (TCEs). TK generally refers to the know-how, skills, innovations and practices developed by Indigenous peoples related to biodiversity, agriculture, health and craftsmanship. TCEs generally refer to tangible and intangible forms in which TK and culture are expressed and may include oral stories, artwork, handicrafts, dances, fabric, songs or ceremonies. It is also recognized that TK and TCEs can be collectively held and may evolve and change over time as they are passed down from generation to generation. Because IP systems like copyright grant limited-term proprietary rights to a specific individual or institution, defining traditional knowledge and the collective aspect of it pose challenges. In addition, the history of copyright and its emphasis on single-person ownership and print-based culture is inextricably tied to the history of colonialism.
The United Nations Declaration in the Rights of Indigenous Peoples provides a framework for reconciliation, healing and peace, as well as harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith.
Article 31:
1. 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.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Data Sovereignty
Data sovereignty is the management of information in a way that aligns with the laws, practices and customs of the community in which it is located. In an Indigenous context this may manifest at a individual level or at a community level.
Key Principles:
1. Indigenous nations and peoples have the right to ownership and governance over data about them, regardless of where that data is held.
2. Indigenous nations and peoples have the right to access data about them, this data often comes in the form of government documents, and historic/contemporary archival documents. Often these documents support nation rebuilding.
Fist Nations Principles of ownership, control, access, and possession (OCAP)
The First Nations principles of OCAP® are a set of standards that establish how First Nations data should be collected, protected, used, or shared. They are the de facto standard for how to conduct research with First Nations.
Standing for ownership, control, access and possession, OCAP® asserts that First Nations have control over data collection processes in their communities, and that they own and control how this information can be used.
Local Contexts
The Local Contexts project grew from the needs of Indigenous and local organizations who wanted a practical method to deal with the range of intellectual property issues that arise in relation to managing cultural heritage materials. The primary objectives of Local Contexts are to enhance and legitimize locally based decision-making and Indigenous governance frameworks for determining ownership, access, and culturally appropriate conditions for sharing historical, contemporary, and future collections of cultural heritage and Indigenous data.
TK Labels
The Traditional Knowledge (TK) Labels are an initiative for Indigenous communities and local organizations. Developed through sustained partnership and testing within Indigenous communities across multiple countries, the Labels allow communities to express local and specific conditions for sharing and engaging in future research and relationships in ways that are consistent with already existing community rules, governance and protocols for using, sharing and circulating knowledge and data. The Labels identify and clarify community-specific rules and responsibilities regarding access and future use of traditional knowledge. The Labels offer an educative and informational strategy to help non-community users of this cultural heritage understand its significance to the communities from where it derives and continues to have meaning, even when circulating outside community contexts.
Notices
While TK Labels are for Indigenous communities to communicate use conditions, Local Contexts developed the TK Notices for institutions and researchers to identify Indigenous collections and data and recognize Indigenous rights and interests. The Notices were developed to create pathways for partnership, collaboration, and support of Indigenous cultural authority. They can be applied to websites, publications, datasets, museum exhibitions, items in a collection, genetic samples, and more.
Mukurtu
A free, mobile, and open source platform built with indigenous communities to manage and share digital cultural heritage, Mukurtu (MOOK-oo-too) is a grassroots project aiming to empower communities to manage, share, narrate, and exchange their digital heritage in culturally relevant and ethically-minded ways.