I found an interesting article on intellectual property ( IP ) rights in relation to Aboriginal people in Canada .
It sounds like the concerns are mostly about how the capitalist world view , will affect indiginous cultures , and not so much that Native Elders are wanting the right to capitalize upon traditional knowledge , in a monetary sense .
Looks like this workshop took place in your neck of the woods Ric .
One obvious question raised , which comes up often in NAFPS , is what can be done if one or a few
indiginous people decide to capitalize on traditional knowledge , without respect to traditional protocols , when this knowledge is owned collectively by the whole tribe and by future generations , and when many other tribal members feel this is wrong .
Obviously if any American , or small group of Americans , could decide to ignore the feelings of other Americans and sell the resources in the National Parks to China , the National Parks would be clear cut and strip mined very quickly .
People can read the whole summery through the link , but , I notice links to on line information tend to go dead after a while , so I wanted to copy out some parts , so we would have them here.
I have used BOLD type to emphasize a few points I thought might be most relevent to some of the discussions we have here.
http://www.canadianheritage.gc.ca/progs/ac-ca/progs/pda-cpb/pubs/our_culture_2005/index_e.cfmPreserving Our Cultural Property: A Workshop on Intellectual Property and the Preservation of Our Culture
First Nations University of Canada
Saskatoon Campus
710 Duke Street
Saskatoon, Saskatchewan
March 3 and 4, 2005
Summary of Workshop Proceedings
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Opening Remarks
"Mr. Scott stated that the reason for this workshop was to discuss how to protect their culture and traditional way of life. He noted that some aspects of First Nations culture were being used inappropriately such as ideas from First Nations culture being commercialized without the consent of the relevant community."
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Saskatchewan Indian Cultural Centre (SICC)
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Mr. Morin noted that IP and cultural knowledge was being misused, exploited, sold and used in every which way. Mr. Morin stated that First Nations people have a responsibility to share information in order to better protect the knowledge of the Elders, and to
pray to the Creator that First Nations people learn the knowledge and that non-First Nations and individuals discontinue using it."
"Mr. Albert Scott noted that companies and institutions increasingly seek out the traditional knowledge of First Nations communities in order to create new products for the global marketplace. He suggested that consumers were demanding natural products, and the tourism and cultural industries were becoming increasingly aware of the value of First Nations people in terms of their traditional practices and ways of life. According to Mr. Scott, the variety, beauty, and novelty of First Nations symbols, designs, and textiles are attracting commercial interests.
He also stated that First Nations people needed to protect their knowledge and their cultures in order to pass it down to future generations and to contribute to the welfare of their communities."
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Federation of Saskatchewan Indian Nations
"Vice Chief Wapass concluded his remarks by saying that
in seeking to protect their traditional knowledge, First Nations people were not seeking to make money. Rather, First Nations people were trying to protect and preserve what they have, but were slowly losing."
"Chief Wapass stated that as an educator, who has taken part in conferences, powwows and round dances across North America, he has listened to Elders and others speak on what First Nations people must do to survive as First Nations people. He noted that university institutions are researching Aboriginal medicines, for example. For Vice Chief Wapass, the question that comes to mind is what is guiding the research process in order to ensure that First Nations medicines were not being exploited, and to ensure that First Nations people won’t have to buy or obtain a government permit to gather their own medicines in the future."
"Vice Chief Wapass stated that he did not see himself as a keeper or owner of traditional knowledge, but as someone who helps to preserve the knowledge in order to pass it on to future generations."------------
Dene Intellectual and Cultural Property Traditions and Protocols
"Chief Adams noted that his Elders had predicted that some day people would go after what was in their minds."
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There is also concern that this knowledge may be sold by some First Nations people for personal gain. He noted that there was a lot of pressure on First Nations people to promote their culture, art,
traditional ways, traditional medicines and medicinal practices.""Chief Adams concluded his presentation by saying that the loss of indigenous knowledge is going on right now and First Nations people will end up being a people without ownership of their own knowledge. We have to watch out that this doesn’t happen."
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Cree Intellectual and Cultural Property Traditions and Protocols
"Mr. Sanderson noted that First Nations people live in a world where the dollar frames the worldview. First Nations people need to pass on to the next generation the knowledge that has been preserved by the Elders. One person cannot do this. Rather, it would need the collaboration of the entire community."
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Nakawe Intellectual and Cultural Property Traditions and Protocols
"Mr. Scott stated that Nakawe protocols are not written down. By listening to the Elders and taking part in ceremonies you can perhaps one day become an elder yourself and help your community. Without proper protocols First Nations people will mislead each other, so it was important that people learn the protocols of their community. Mr. Scott said that he did not want to find a bear song, a rain dance song or other ceremonial songs on the Internet. He did not want to anger any tribes or bands that may have recorded their culture in order to preserve it. First Nations people did not do this prior to the coming of the Europeans.
Mr. Scott stated that he believed in using traditional ways in order to preserve First Nations culture. In Nakawe country there are protocols that must be followed. There are no short cuts.12 If you take credit for something and try and make money from it, you are placing yourself and your loved ones in jeopardy if you don’t pay for it."
( I am assuming he means "pay for it " in the traditional sense with the proper traditional protocals , as his whole point is the importance of respecting these protocols )
He goes on to say ;
"Mr. Scott concluded his presentation by saying that his people were trying to do their best through the schools and by trying to persuade his people to take part in ceremonies.
He again said that some things should not be used to make money. He called on members of the workshop to follow their traditions and their protocols because this was what First Nations people were given to use and to communicate."
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"The presentation on trade-marks generated a great deal of discussion regarding the inappropriate and/or offensive use by those outsiders of symbols and words traditionally belonging to First Nations.
Some Elders expressed the concern that using IP tools like trade-marks encourages individual ownership and economic exploitation of sacred or culturally significant symbols and terms. In their view, this clashed with the traditional values and customs of their communities and contributed
to the erosion of their traditions."
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"A participant noted that some people in his community were upset when a First Nations entrepreneur created a new brand of cigarettes that used the image of a pipe as part of the packaging."
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"A participant noted that naming a car after Jesus would likely offend many people, including many First Nations people. Yet manufacturers are allowed to name their products after sacred symbols (e.g. Thunderbird) or the name of a great chief (e.g. Pontiac, Tecumseh). The participant also noted that Elders have expressed concerns over the use of sacred symbols such as sweet grass on commercial products."
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"A speaker noted that the acquisition and transfer of knowledge are sacred kinds of things.
The holder of knowledge is viewed as having a responsibility to ensure that the recipient of the knowledge does not abuse that knowledge, otherwise there may be negative consequences for the holder of the knowledge and his family.
That is why you cannot -deal, for example, with traditional medicine in the same way as medicine purchased in a drugstore. The speaker suggested that this difference is perhaps based on the different perceptions of First Nations and non-First Nations people as to what may be considered sacred. For some First Nations people the concern is that if you disclose information about First Nations medicines you are, in effect, misusing the medicines and they would cease to be effective."