Indigenous intellectual property

It is a concept that has developed out of predominantly western concepts of intellectual property law, and has most recently been promoted by the World Intellectual Property Organization, as part of a broader effort by the United Nations to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment. Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving indigenous peoples' individual and communal intellectual property rights largely unprotected. Therefore, international bodies such as the United Nations have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artefacts, designs, language, ceremonies, and performing arts in addition to artwork and literature. 'Traditional cultural expressions' is a phrase used by the World Intellectual Property Organization to refer to 'any form of artistic and literary expression in which traditional culture and knowledge are embodied. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance.' 'Traditional cultural expressions' can include designs and styles, which means that applying traditional Western-style international copyright laws – which apply to a specific work, rather than a style – can be problematic. Indigenous customary law often treats such concepts differently, and may apply restrictions upon the use of underlying styles and concepts. At the United Nation's General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the United Nations Declaration on the Rights of Indigenous Peoples. Regarding the intellectual property rights of indigenous peoples, the General Assembly recognized '..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies...;' reaffirmed '...that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples...;' and solemnly proclaimed as an agreed standard for member nations around the world: The Native American Rights Fund (NARF) has set out several goals around treaty law and intellectual property, with board member Professor Rebecca Tsosie stressing the importance of these property rights being held collectively, not by individuals: A number of Native American and First Nations communities have issued tribal declarations over the past 35 years. In the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993), then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004), a number of conferences of both Indigenous and non-Indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining 'indigenous intellectual property' though the legal weight of most has yet to be tested.