“…These knowledge systems furthermore reflect the priorities of particular societies, and demonstrate their underlying cultural values, such as respect for the wisdom of elders, connections with the spirit world, the primacy of social relationships, connections with place and land, and so forth. This approach also garners support from the suggestions recently made by Drahos and Frankel (, p. 4) that rather than focusing on the knowledge itself, it is more useful to focus on the system of indigenous innovation:The generation of useful knowledge and techniques implies a set of institutions working in convergent ways to produce innovation. A systems perspective on innovation requires one to look more broadly at the institutions that contribute to innovative performance, as well as the distinctive linkages and interactions amongst institutional actors that characterise an innovation system.…”
Section: An Emerging New Approach To Sea Transport (And Intellectual mentioning
“…These knowledge systems furthermore reflect the priorities of particular societies, and demonstrate their underlying cultural values, such as respect for the wisdom of elders, connections with the spirit world, the primacy of social relationships, connections with place and land, and so forth. This approach also garners support from the suggestions recently made by Drahos and Frankel (, p. 4) that rather than focusing on the knowledge itself, it is more useful to focus on the system of indigenous innovation:The generation of useful knowledge and techniques implies a set of institutions working in convergent ways to produce innovation. A systems perspective on innovation requires one to look more broadly at the institutions that contribute to innovative performance, as well as the distinctive linkages and interactions amongst institutional actors that characterise an innovation system.…”
Section: An Emerging New Approach To Sea Transport (And Intellectual mentioning
“…Bioprospecting is generically defined as “the examination of biological resources for features of commercial value” (Kam, 2005, p. 387). However, Mooney (as cited in Robinson, 2012, p. 77), coiner of the term biopiracy, believes “[w]hatever the will and wishes of those involved, there is no ‘bioprospecting.’ There is only biopiracy.” Sanchez (2012, p. 146) defines biopiracy as “the theft of traditional knowledge and genetic resources without just compensation.” Others such as Fredriksson (2017) and Efferth et al (2019) believe that biopiracy also concerns Indigenous resources and the use of IP rights to immorally monopolise those resources. While the difference between the two terms is sometimes framed as solely legal, the complexities of international law and the significant questions regarding rights to own life or knowledge relating to nature mean there are as many moral and ethical factors as legal ones.…”
Indigenous people are considering how to safeguard their natural resources, culture and knowledge against illegal, inappropriate or unauthorised use. Such protection is needed to maintain the integrity of Indigenous relationship to and control over such resources, while allowing for potential benefits from such resources to support tribal social and economic development. Using the case study of taramea ( Aciphylla aurea), a sub-alpine speargrass, traditionally used to make fragrance by Ngāi Tahu (a large tribe from the South Island, New Zealand), we assess potential approaches to protection, ranging from national and international intellectual property approaches such as trademarking, copyright and patenting to extra-legal approaches such as supply chain auditing, blockchain, biocultural trademarks and biocultural labels. From this assessment, we evaluate approaches’ usefulness against a range of Indigenous and market-oriented attributes. We find that while each approach has advantages and disadvantages, no one method is superior, so we recommend a mix of approaches.
“…Notes 1 For more information on seed rights, the author suggests reading works by G. Dutfield, D. A. Posey, S. A. Laird, C. Fowler, P. R. Mooney, and G. P. Nabhan, among others. Regarding other methods of intellectual property protection for Indigenous Peoples, see Drahos and Frankel (2012) and Swiderska et al (2009).…”
Recognition of the importance of biodiversity for global food security and the community food sustainability movement has helped increase awareness of seed rights. International treaties created to ensure the world’s access to seed biodiversity address access to seed banks for breeding purposes. Ethnobotanists are often required to deposit research plant specimens with government seed banks or herbariums. If Indigenous Peoples’ plants are then used developing patented varieties, are their rights recognized? These rights depend upon recognition of Indigenous Peoples as plant breeders, prior informed consent (PIC) protocols, access and benefit sharing (ABS) agreements via material transfer agreements, and benefits returned to Indigenous and local communities per the Nagoya Protocol. To ensure such rights to genetic material and associated intellectual property rights, documentation of these agreements and links to the people and communities from which they originated needs to occur at first collection and throughout subsequent research, conservation, and breeding programs.
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