Indigenous Cultural And Intellectual Property Rights

Question 1

ICIPR

Answer 1

Increasing significance in the considerations of indigenous tourism. Issues such as ownership, control and creation if authenticity are some if the concerns addresses through the study of ICIPR

Question 2

Aboriginal tourism strategy for wa

Answer 2

In developing indigenous tourism it is important to ensure aboriginal people are not exploited, their culture and heritage is protected and that they are involved in development opportunities and benefit financially

Question 3

Intellectual property

Answer 3

Represents property if your mind or intellect
Often not held by individuals but by the agency that employ them or fund their research
Once in public domain, freely available without recourse to ip owner
Legal vs legitimate

Question 4

Indigenous cultural and intellectual property

Answer 4

Indigenous people’s, rights to their heritage
Heritage comprises all objects, sites and knowledge, the nature of use if which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular indigenous group of its territory

Question 5

Nature of ICIPR

Answer 5

Living and evolving tradition
Holistic nature (can’t be separated from land)
Communal ownership
Responsibility and custodianship (can be individual responsibility)
Consent to use (group consent, procedures differ, may be revoked)

Question 6

Authenticity and cultural integrity

Answer 6

Use of indigenous designs and styles by non indigenous
- what is aboriginal art
- what should be considered authentic
Imported goods passed off as authentic
Misleading product labelling
Fraudulent representations of artworks
Manufacturing and authenticity

Question 7

Rights indigenous people want

Answer 7

To own and control ICIP
Control commercial use if ICIP in accordance to customary law
To benefit commercially from authorised use of ICIP
To protect sacred and significant sites
Own and control management of certain land
Right to control use of traditional knowledge

Question 8

Copyright

Answer 8

Exists where following criteria met
- originality (not copied)
- material form (written down or recorded, permanent and tangible, non permanent forms of cultural expression ie. dance, stories, painting etc)
- identifiable author (cultural expression often does not identify single author)
Ownership of copyright goes to agency unless written agreement stating otherwise