Intellectual Property Law and the Protection of Indigenous Folklore and Knowledge

Abstract

This article discusses whether modern intellectual property regimes adequately protect indigenous cultural heritage, with a specific focus on the protection of indigenous folklore and knowledge. The author stresses that this is a pressing issue due to the development of international trade in indigenous heritage which has seen most of the benefits diverted to non-indigenous entities. The author argues that modern intellectual property law regimes have facilitated and reinforced the economic exploitation and erosion of indigenous people's cultures. The problem stems from a difference of social paradigms: a western world-view of property ownership which is alien and detrimental to the indigenous world-view. The latter regards property rights as a means of maintaining and developing group identity rather than furthering individual economic pursuits. Included is a discussion of the current protection of indigenous folklore and knowledge under copyright and patent laws respectiively. A framework for protection is outlined which contemplates the enactment of sui generis legislation, the evolution of policy guidelines and protocols and the use of public awareness and education programs.

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