Protecting Indigenous Traditional Knowledge Through a Holistic Principle-Based Approach
Bibliographic Data
| ID | 12965758 |
|---|---|
| Authors | Kamrul Hossain (0000-0003-1522-558X, University of Lapland, corresponding author), Rosa María Ballardini (0000-0002-7662-9281, University of Lapland) |
| Year | 2021 |
| Volume | 39 |
| Issue | 1 |
| Pages | 51-72 |
| Publication date | 2021-01-02 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Nordic Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1891-814X • E-ISSN: 1891-8131 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/18918131.2021.1947449 |
| OpenAlex | W3189563286 |
| Language | EN |
| Citations received | 8 |
This article examines the legal complexity concerning protection of traditional knowledge (TK) held by Indigenous Peoples. Despite the significance of this knowledge, particularly concerning environmental conservation, biodiversity management, bioresources, and ecosystem management in connection with the traditional lands on which Indigenous Peoples live, current legal frameworks fall short of offering a comprehensive protection regime respectful of key ethical principles that are central for Indigenous Peoples, mainly fairness, the right to culture, and Indigenous Peoples’ right to self-determination (IPRSD). To map the currently available solutions offered for protecting TK rights, this article primarily examines three legal regimes – intellectual property rights (IPR), human rights, and biodiversity – but also looks at some national solutions. However, none of these regimes per se offers a suitable solution, and each suffers from various shortcomings, as we demonstrate in detail. Yet if developed further, these regimes – along with some others – would indeed be suitable mechanisms for TK protection. Accordingly, this article suggests a principle-based approach to protecting and accessing TK that amalgamates the regime of human rights with the concepts of private property and exclusivity via mainstreaming values, such as fairness and the right to culture, associated with IPRSD holistically, and throughout multiple layers of legal decision-making
Biology · Environmental ethics · Human rights · Indigenous · Intellectual property · Law and economics · Mainstreaming · Political science · Property rights · Sociology · Traditional knowledge · Indigenous Knowledge Systems and Agriculture · Law · Ecology
Digitalización y catalogación del conocimiento tradicional
Ethical and inclusive challenges of integrating AI and indigenous knowledge systems
Protecting Indigenous and Local Knowledge Through a Biocultural Diversity Framework
Stakeholders in the acquisition, preservation, and dissemination of indigenous knowledge projects
Struggling with Development
Introduction – Special issue on indigenous ecological knowledge in South Asia
Traditional Knowledge and Intellectual Property Rights in Latin America
Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures – The Case of Sámi Culture
| Unique citing works | 8 |
|---|---|
| Citations per year | 2 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 6 |