Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities

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The concept of traditional resource rights (TRR) reflects the necessity of rethinking the limited and limiting concept of intellectual property rights (IPR). The TRR concept can accommodate a wide range of relevant international agreements as a basis for a sui-generis system of protection for indigenous peoples and their intellectual, natural, and technological resources. This book introduces the TRR concept in a manner organised around a series of questions that might emerge in a community when a visitor arrives to collect information or cultural or biogenetic materials. Each chapter begins with a summary of the main issues it addresses and ends with options and suggested actions. Issues discussed include who benefits from traditional resources, the rights of communities to approve or resist commercialisation, types of potential legal action, the applicability of traditional IPR, development of community systems for protecting TRR, the use of binding or non-binding international agreements, and TRR funding. Examples are included of creative strategies and unique solutions that indigenous communities have developed for protecting and benefiting from TRR.

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Page 121 - Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Page 44 - No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.
Page 188 - ... recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights...
Page 182 - All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Page 236 - UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNEP United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization...
Page 182 - All states shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, noninterference in the internal affairs of all states and respect for the sovereign rights of all peoples and their territorial integrity.
Page 111 - Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Page 104 - Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity...
Page 103 - Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources...
Page 171 - Members may also exclude from patentability: (a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals orher than non-biological and microbiological processes.

About the author (1996)

Darrell Posey is a Research Professor at the Federal University of Maranhao, Sao Luis, Brazil. He is also a Fellow of Linacre College and Director of the Programme for Traditional Resource Rights at Mansfield College. Dr Posey is Past President of the International Society for Ethnobiology and a Fellow of the Linnean Society of London. He is a recipient of the international Sierra Club's Chico Mendes Award and the UNEP Global 500 Roll of Honour Award.

Graham Dutfield is Senior Research Fellow at Queen Mary College London. He is co-editor of Trading in Knowledge (2003, ) and Intellectual Property Rights, Trade and Biodiversity (2002).

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