Safeguarding Indigenous cultural heritage during commercialisation of native plants
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Cooperative Research Centre for Remote Economic Participation Safeguarding Indigenous Cultural Heritage during Commercialisation of Native Plants L. Slade LEE
description
Presentation by Slade Lee to the 29th International Horticultural Congress: Sustaining Lives, Livelihoods and Landscapes in Brisbane, August 2014.
Transcript of Safeguarding Indigenous cultural heritage during commercialisation of native plants
Cooperative Research Centre forRemote Economic Participation
Safeguarding Indigenous Cultural Heritage during Commercialisation of Native Plants
L. Slade LEE
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Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
acknowledging:Yuggera (Jagera) & Turrubal groupand Quandamooka people
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the case:• legal• moral & ethical• reconciliation• attributes
the mechanism:• laws• conventions• marketing
the aim:• accommodating hereditary custodianship
and Traditional Knowledge during commercialisation
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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the issue:• Traditional Knowledge
◦ value (Indigenous cf. Western)◦ utility & spiritual◦ customary rights
• hereditary custodianship◦ acknowledgement◦ consent◦ protection◦ benefit-sharing
• principles◦ commercialisation◦ moral & ethical◦ reconciliation◦ attributes◦ approaches
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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• traditional significance◦ utility◦ totemic spiritual◦ cultural (stories, dance, art)
• commercialisation – utility only◦ exploitation of a resource◦ utilisation & processing
product◦ no connectedness with
tradition
the question of attributes:
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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◦ defined term cf. in perpetuity ◦ defined owner cf. collective ownership◦ defined in writing cf. preserved in oral
culture◦ specific in nature cf. general or vague
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
it’s the law:• IP Law vs. Traditional Knowledge
& Customary Law
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it’s the law:• IP Law and customary heritage rights
◦ fundamentally incompatible ◦ do not acknowledge each other◦ unsatisfactory mechanism for
safeguarding Traditional Knowledge or cultural heritage
◦ but are under review by international law and under the CBD
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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• disadvantages◦ legalese is confronting◦ expensive◦ complex
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
it’s the other laws:• innovative legal approaches to
safeguarding cultural heritage◦ the ‘many irons’ approach – Janke◦ sui generis – Drahos
◦ finessing the law – Martin & Jeffery
◦ the ‘many irons’ approach – Janke, Drahos
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• market-based approaches to safeguarding cultural
heritage▫ governed by law:
◦ Trademarks◦ Certification◦ Registered Designs◦ Geographical Indications
▫ cooperative and collective:◦ FairTrade◦ trade secrets
it’s the other other ways:
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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• disadvantages◦ trades on goodwill ◦ legal enforceability
it’s the other other ways:
• advantages◦ inexpensive◦ straightforward
Safeguarding Indigenous Cultural Heritage
during Commercialisation of Native Plants
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Acknowledgements:
Partner Student Supervisors
Advisory Group
Thank you
Project Partners
Special thanks to Kylie Lingard her for advice & enthusiasm
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