individual IP vs Collective Traditional Knowledge - MUKURTU
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individual IP vs Collective Traditional Knowledge - MUKURTU
 
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I am currently working on a project (https://gcrc.carleton.ca/confluence/display/GCRCWEB/Mapping+the+Legal+and+Policy+Boundaries+of+Digital+Cartography) in which we have encountered tensions between western legal notions of intellectual property (IP) which are individual/author/device holder/research subject based and traditional knowledge (TK) which is collective/communal based. Also, the idea of community consensus and crowd-sourced data have posed problems since it is difficult to determine who in a given community has the traditional and historical rights to transmit particular forms of TK and who is responsible for knowledge sharing and the protection of the community's knowledge base.
In a paper being written by members of the research team, Scassa, Engler and Taylor, they mention a licensing system that tries to address the 'soft law' (i.e., consent, ethics) aspects of this problem by enabling communities to define the parameters of their licenses even though these may not yet be protected by IP law. I thought I would share this license, as it is one way to respect TK, educate communities about their rights to the data/knowledge they produce, while also building community capacity in these complex murky legal environments.
http://www.mukurtu.org/
I am just learning the particulars of these issues, and they are very interesting indeed. The implications of this research is broad, and I can see new IP regimes for indigenous people and holders of traditional knowledge in Canada and developing countries where patent, trademark and copyright often marginalize communities by imposing a colonial, western, individualist, legal and scientific system which is the antithesis of collectivist ways of knowing, being and doing.
Cheers t -- Tracey P. Lauriault 613-234-2805 |
Re: individual IP vs Collective Traditional Knowledge - MUKURTU
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Very interesting, Tracey! I wonder if this approach to collaborative licensing / ownership will be applicable to emerging collaborative approaches to creative and scientific expression in the Western World as well? For example, does it really make sense for a Wikipedia article to have an intellectual property owner?
The question of attribution with data-mining for scientific advancement has just begun to arise, with CC0 being among the recommendations for use with scientific data. Should we start thinking less about our individual contributions to science, and more about our collective knowledge? best, Heather Morrison http://pages.cmns.sfu.ca/heather-morrison/ On 2012-06-18, at 4:28 PM, Tracey P. Lauriault wrote: > I am currently working on a project (https://gcrc.carleton.ca/confluence/display/GCRCWEB/Mapping+the+Legal+and+Policy+Boundaries+of+Digital+Cartography) in which we have encountered tensions between western legal notions of intellectual property (IP) which are individual/author/device holder/research subject based and traditional knowledge (TK) which is collective/communal based. Also, the idea of community consensus and crowd-sourced data have posed problems since it is difficult to determine who in a given community has the traditional and historical rights to transmit particular forms of TK and who is responsible for knowledge sharing and the protection of the community's knowledge base. > > In a paper being written by members of the research team, Scassa, Engler and Taylor, they mention a licensing system that tries to address the 'soft law' (i.e., consent, ethics) aspects of this problem by enabling communities to define the parameters of their licenses even though these may not yet be protected by IP law. I thought I would share this license, as it is one way to respect TK, educate communities about their rights to the data/knowledge they produce, while also building community capacity in these complex murky legal environments. > > http://www.mukurtu.org/ > > I am just learning the particulars of these issues, and they are very interesting indeed. The implications of this research is broad, and I can see new IP regimes for indigenous people and holders of traditional knowledge in Canada and developing countries where patent, trademark and copyright often marginalize communities by imposing a colonial, western, individualist, legal and scientific system which is the antithesis of collectivist ways of knowing, being and doing. > > Cheers > t > -- > Tracey P. Lauriault > 613-234-2805 > > > _______________________________________________ > CivicAccess-discuss mailing list > [hidden email] > http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss |
Re: individual IP vs Collective Traditional Knowledge - MUKURTU
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In reply to this post by Tracey P. Lauriault
Tracey - my friend Tina Piper at McGill Law School has, I believe,
worked on these issues as well. If her name comes up in your
research I'd be happy to make an introduction. At a minimum her work
may be of interest to people.
On 12-06-18 4:28 PM, Tracey P. Lauriault wrote: I am currently working on a project (https://gcrc.carleton.ca/confluence/display/GCRCWEB/Mapping+the+Legal+and+Policy+Boundaries+of+Digital+Cartography) in which we have encountered tensions between western legal notions of intellectual property (IP) which are individual/author/device holder/research subject based and traditional knowledge (TK) which is collective/communal based. Also, the idea of community consensus and crowd-sourced data have posed problems since it is difficult to determine who in a given community has the traditional and historical rights to transmit particular forms of TK and who is responsible for knowledge sharing and the protection of the community's knowledge base. |
Re: individual IP vs Collective Traditional Knowledge - MUKURTU
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This is great!
So excited to see your project Tracey as I've been working to deal with this issue "on the ground" for 6 years now since I started studying about GIS's. I'm going to pay attention to this one a great deal.
Mukurtu is also opensource, +1! I'm going to see how it works in a linux environment. Never tried drupal though but shouldn't be too hard, looks user friendly. Take care, Donovan On Mon, Jun 18, 2012 at 7:36 PM, David Eaves <[hidden email]> wrote:
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Re: individual IP vs Collective Traditional Knowledge - MUKURTU
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In reply to this post by Tracey P. Lauriault
Hi all:
A great resource to consult are the webcasts from the IFLA Presidential Program on Indigenous Knowledge. I attended and it was great. You can find them at: http://iflaindigenousknowledges2012.ok.ubc.ca/Webcast%20and%20Publications.html Carmen Kazakoff-Lane Carmen Kazakoff-Lane, Head - Extension and Inter-Library Loans John E. Robbins Library 270 - 18th Street Brandon, MB Canada, R7A 6A9 Ph: (204) 727-7483 Fax: (204) 726-1072 E-mail: [hidden email] >>> Donovan Cameron <[hidden email]> 06/19/12 21:58 PM >>> This is great! So excited to see your project Tracey as I've been working to deal with this issue "on the ground" for 6 years now since I started studying about GIS's. I'm going to pay attention to this one a great deal. Mukurtu is also opensource, +1! I'm going to see how it works in a linux environment. Never tried drupal though but shouldn't be too hard, looks user friendly. Take care, Donovan On Mon, Jun 18, 2012 at 7:36 PM, David Eaves <[hidden email]> wrote: > Tracey - my friend Tina Piper at McGill Law School has, I believe, worked > on these issues as well. If her name comes up in your research I'd be happy > to make an introduction. At a minimum her work may be of interest to people. > > > On 12-06-18 4:28 PM, Tracey P. Lauriault wrote: > > I am currently working on a project ( > https://gcrc.carleton.ca/confluence/display/GCRCWEB/Mapping+the+Legal+and+Policy+Boundaries+of+Digital+Cartography) > in which we have encountered tensions between western legal notions of > intellectual property (IP) which are individual/author/device > holder/research subject based and traditional knowledge (TK) which is > collective/communal based. Also, the idea of community consensus and > crowd-sourced data have posed problems since it is difficult to determine > who in a given community has the traditional and historical rights to > transmit particular forms of TK and who is responsible for knowledge > sharing and the protection of the community's knowledge base. > > In a paper being written by members of the research team, Scassa, Engler > and Taylor, they mention a licensing system that tries to address the 'soft > law' (i.e., consent, ethics) aspects of this problem by enabling > communities to define the parameters of their licenses even though these > may not yet be protected by IP law. I thought I would share this license, > as it is one way to respect TK, educate communities about their rights to > the data/knowledge they produce, while also building community capacity in > these complex murky legal environments. > > http://www.mukurtu.org/ > > I am just learning the particulars of these issues, and they are very > interesting indeed. The implications of this research is broad, and I can > see new IP regimes for indigenous people and holders of traditional > knowledge in Canada and developing countries where patent, trademark and > copyright often marginalize communities by imposing a colonial, western, > individualist, legal and scientific system which is the antithesis of > collectivist ways of knowing, being and doing. > > Cheers > t > -- > Tracey P. Lauriault > 613-234-2805 > > > > > _______________________________________________ > CivicAccess-discuss mailing [hidden email]://lists.pwd.ca/mailman/listinfo/civicaccess-discuss > > > _______________________________________________ > CivicAccess-discuss mailing list > [hidden email] > http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss > |
Re: individual IP vs Collective Traditional Knowledge - MUKURTU
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That is great stuff Carmen!
Thanks
t
On Wed, Jun 20, 2012 at 12:22 PM, Carmen Kazakoff <[hidden email]> wrote: Hi all: -- Tracey P. Lauriault 613-234-2805 |
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