UN Declaration on the Rights of Indigenous Peoples - 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.
From Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Word International Property Organization (WIPO)
WIPO consists of 193 member states and was established in 1967 as the the global forum for intellectual property (IP) services, policy, information and cooperation. WIPO's mission is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all.
- Indigenous Peoples and Local Communities PortalWIPO's Indigenous Portal provides access to information for, and relating specifically to, indigenous peoples and local communities.
- WIPO's Traditional Knowledge DivisionDivision carries out WIPO’s work on the intersection of intellectual property and genetic resources, traditional knowledge and traditional cultural expressions (also known as “expressions of folklore”).
- What is Traditional Knowledge (TK)?While there is not yet a "universal" accepted definition of TK at the international level you can learn more about what is considered TK here.
- WIPO GlossaryKey terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions.
Finding Materials on Cultural and Intellectual Property
Subject Headings
Subject headings are a tool designed to help researchers find similar materials. These are only some examples of the many subject headings that X̱wi7x̱wa Library uses. Spend a few minutes exploring them when you find a book in the catalogue that supports your research.
Browse Catalogue > Subject begins with:
- First Nations--Intellectual property.
- First Nations--Cultural property.
- First Nations--Cultural property--Repatriation.
- Indigenous peoples--Cultural property.
- Intellectual property.
- Cultural property.
Keyword Search
Search for the phrase "Indigenous cultural and intellectual property" in Summon.
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- Use quotation marks to search for a phrase.
Example: "First Nations" - Use an asterisk to truncate a term to search for words with the same stem when searching Summon. (Use a question mark when searching the UBC Library Catalogue)
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Additional Resources
- Canadian Federation of Library Association (CFLA) - Position Statement: Indigenous Knowledge in Canada's CopyrightSince Canadian Copyright does not adequately care for Indigenous knowledges the CFLA offers this position statement.
- FAIR & CARE Principles for Indigenous Data GovernanceFrom Global Indigenous Data Alliance, the FAIR & CARE Principles for Indigenous Data Governance reflect the crucial role of data in advancing Indigenous innovation and self-determination.
- First Nations Data CentreThe purpose of the FNDC is to promote the appropriate use and dissemination of FNIGC’s First Nations data for First Nations people and organizations, researchers, students, policy makers, and the general public.
- Introduction to Intellectual Property Rights and the Protection of Indigenous Knowledge and Cultural Expressions in CanadaFrom the Government of Canada: the following is intended to provide an overview to stimulate and inform broader policy discussions in Canada.
- The First Nations Principles of OCAP®The First Nations principles of ownership, control, access, and possession – more commonly known as OCAP® – assert that First Nations have control over data collection processes, and that they own and control how this information can be used.
- World Health Organization (WHO) Traditional Medicine StrategyWHO 2014-2023 Traditional Medicine Strategy to, "help health care leaders develop solutions that contribute to a broader vision of improved health and patient autonomy."
- Intellectual Property Rights, Legislated Protection, Sui Generis Models and Ethical Access in the Transformation of Indigenous Traditional Knowledge by Gregory Young-IngThis dissertation arises out of deep concerns over how Indigenous Intellectual Property and Traditional Knowledge should be ethically accessed and used and reviews existing mechanisms of protection.
- Keeping Cultures Alive: Archives and Indigenous Cultural and Intellectual Property Rights by Terri Janke and Livia LacovinoArchives play an important role in the cultural survival of Indigenous Australians. The wave of colonisation has had such an impact on Indigenous communities and the transmission of culture that access to records, materials, photographs and films is, for Indigenous people, a key way of keeping culture.
- Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions. Geneva: The World Intellectual Property Organization by Terri JankeEight case studies on protecting material and immaterial cultural expression, including textiles, rock art, dance, and more.