Customary Law, Intellectual Property and the Protection of Traditional Knolwe...Brendan Tobin
Examines Customary Law and the Protection of Traditional Knowledge in light of the Adoption of the Nagoya Protocol and of European Law regulating Access to genetic resources and benefit sharing. It highlights the failure of EU law to protect traditional knowledge and to prevent biopiracy. It notes the European Parliament's support for a disclosure of origin system in intellectual property law and argues that both customary law and compliance measures in intellectual property law have a role to play in defence of Indigenous peoples rights over their traditional knowledge.
King Goodwill Zwelithini of the Zulus is seeking to patent elements of Zulu culture such as greetings, dances, and aspects related to King Shaka under new South African intellectual property legislation. This would allow him to collect royalties from entities using these cultural elements commercially. However, some experts argue that the legislation is flawed and will be difficult to implement effectively due to issues around defining ownership and beneficiaries of traditional knowledge. There is also debate around whether the legislation will truly benefit local Zulu communities.
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
This document discusses issues related to ownership and protection of indigenous traditional knowledge after the Nagoya Protocol. It notes that Nagoya made some progress but did not fully address key issues like regulating past uses of traditional knowledge, enforcement mechanisms, or supporting indigenous communities' monitoring of traditional knowledge use. The document argues that customary law should inform implementation and that an intercultural approach is needed that balances customary and positive law in an equitable way.
This document provides an overview of copyright law as it relates to libraries. It discusses how copyright law has evolved over time from early traditions to the modern system of exclusive rights granted to creators. The document outlines the key aspects of U.S. copyright law, including the types of works protected, exclusive rights, and exceptions and limitations such as fair use. It notes the complexity of interpreting copyright law and balancing the interests of creators and users. The document advises librarians to carefully analyze questions around permission, fair use, and risk when deciding how to use or provide access to copyrighted content.
Debates Around Indigenous Knowledge And Intellectual Propertykelebogile komanyane
Indigenous knowledge refers to traditional knowledge developed by indigenous groups over generations that is unique to a particular geographic area. Intellectual property protects creations of the mind like inventions, artistic works, and symbols. Indigenous knowledge debates discuss protecting indigenous knowledge from misuse and ensuring indigenous groups receive fair benefits from commercial use of their knowledge. These debates have helped indigenous groups gain recognition and led to new protection methods like sui generis systems and amendment of international agreements like TRIPS.
Customary Law, Intellectual Property and the Protection of Traditional Knolwe...Brendan Tobin
Examines Customary Law and the Protection of Traditional Knowledge in light of the Adoption of the Nagoya Protocol and of European Law regulating Access to genetic resources and benefit sharing. It highlights the failure of EU law to protect traditional knowledge and to prevent biopiracy. It notes the European Parliament's support for a disclosure of origin system in intellectual property law and argues that both customary law and compliance measures in intellectual property law have a role to play in defence of Indigenous peoples rights over their traditional knowledge.
King Goodwill Zwelithini of the Zulus is seeking to patent elements of Zulu culture such as greetings, dances, and aspects related to King Shaka under new South African intellectual property legislation. This would allow him to collect royalties from entities using these cultural elements commercially. However, some experts argue that the legislation is flawed and will be difficult to implement effectively due to issues around defining ownership and beneficiaries of traditional knowledge. There is also debate around whether the legislation will truly benefit local Zulu communities.
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
This document discusses issues related to ownership and protection of indigenous traditional knowledge after the Nagoya Protocol. It notes that Nagoya made some progress but did not fully address key issues like regulating past uses of traditional knowledge, enforcement mechanisms, or supporting indigenous communities' monitoring of traditional knowledge use. The document argues that customary law should inform implementation and that an intercultural approach is needed that balances customary and positive law in an equitable way.
This document provides an overview of copyright law as it relates to libraries. It discusses how copyright law has evolved over time from early traditions to the modern system of exclusive rights granted to creators. The document outlines the key aspects of U.S. copyright law, including the types of works protected, exclusive rights, and exceptions and limitations such as fair use. It notes the complexity of interpreting copyright law and balancing the interests of creators and users. The document advises librarians to carefully analyze questions around permission, fair use, and risk when deciding how to use or provide access to copyrighted content.
Debates Around Indigenous Knowledge And Intellectual Propertykelebogile komanyane
Indigenous knowledge refers to traditional knowledge developed by indigenous groups over generations that is unique to a particular geographic area. Intellectual property protects creations of the mind like inventions, artistic works, and symbols. Indigenous knowledge debates discuss protecting indigenous knowledge from misuse and ensuring indigenous groups receive fair benefits from commercial use of their knowledge. These debates have helped indigenous groups gain recognition and led to new protection methods like sui generis systems and amendment of international agreements like TRIPS.
The analysis driven from the above research is that there are no profound laws made by any countries regarding the protection of their heritage culture.
Please like the slide and share your comments.
Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges. Presented by Krishna Prasad Oli at the "Perth II: Global Change and the World's Mountains" conference in Perth, Scotland in September 2010.
Commercial law also known as mercantile laws is associated with the rights, relations and legal binding between the parties involved in a business. It makes them liable to each other in case any one of them comes into the violation of the clauses and provisions of the law. It deals with private law and public law issues and often considered.
Librarians as Archivists and Defenders of IP Rights was originally presented to the World Affairs Council of New Hampshire delegation of librarians and archivists from the Carribean. It was provided to NHCUC library directors by Jon Cavicchi in September 2016
DRI Introductory Training: Copyright and Licensing in Digital Environmentsdri_ireland
This presentation was delivered by DRI Digital Archivist Kevin Long as part of a Digital Repository of Ireland (DRI) Introductory Training seminar aimed at the University College Cork (UCC) research community on 14 June 2021. The presentation covers copyright and licensing in digital environments.
The document discusses harmonizing Indian law with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) from the perspective of deaf people in India. It outlines issues with definitions and terminology used in laws that impact the deaf community. It recommends amendments to various laws around accessibility, including recognizing sign language, providing interpreters, making television accessible, ensuring accessibility in the legal and justice system, and employment laws. It also discusses issues facing deaf children and recommendations to better protect their rights and interests.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
'Introduction to the concept of Open Access and Digital Preservation'dri_ireland
A presentation given by Dr Deborah Thorpe, DRI Education and Outreach Manager, in a session entitled 'Introducing the Arts and Culture in Education Research Repository' (15 May 2020). This session was part of the NUI Galway Open Scholarship Week (11-15 May 2020).
Intellectual Property in Professional PracticesSaji909
This document discusses a group project on intellectual property. The group includes 4 students: Muhammad Sajid, Hanzla Ahmad, Rizwan Haider, and Asadullah Saeed. Muhammad Sajid will focus on the World Intellectual Property Organization and what constitutes intellectual property. The document also covers the major types of intellectual property like copyrights and patents, as well as the nature, importance, and types of intellectual property rights. It concludes with an overview of ethics in information technology and business.
EVENT TITLE: CAPACITY BUILDING TRAINING WORKSHOP IN FINDING, REUSING AND PUBLISHING OPEN NUTRITION DATA
WORKSHOP DATE: 09th January to 10th January 2018
WORKSHOP VENUE: Mukono District Local Government Headquarters, Mukono District, Uganda
SUMMARY:
An Introduction on Intellectual Property and Copyrighting Nutrition Open Data
Web: http://www.mukonocommunityopennutrition.wordpress.com
This document discusses developments around indigenous knowledge, prior informed consent, and ethical research. It covers:
1) Key issues like balancing protection and use of indigenous knowledge, and developing best practices for recognition and maintenance.
2) International standards like the UN Declaration on the Rights of Indigenous Peoples and how they relate to protecting indigenous knowledge.
3) Approaches in Australia including community protocols, guidelines, and legislation, and how these can help manage indigenous knowledge.
4) The importance of free, prior, and informed consent as an ethical requirement for any research projects involving indigenous communities.
Ethics in international research: Scholarly integrity workshop - 2013Cassandra Quave
In 2013, Dr. Quave led a workshop entitled: "Ethics in International Research: Navigating International Policies Concerning Human Subjects and Bioprospecting" for the Emory Program for Scholarly Integrity.
The gap between indigenous peoples demand and wipo's framework on traditional...Dr Lendy Spires
This document summarizes the gap between the demands of indigenous peoples and the framework developed by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) regarding the protection of traditional knowledge. Indigenous peoples have expressed concerns that the existing intellectual property system fails to adequately protect their traditional knowledge and has enabled misappropriation. They argue for a legally binding international instrument that recognizes their collective rights, customary laws, and right to self-determination. While the IGC has made efforts to include indigenous perspectives, indigenous groups feel their views are not fully reflected in the IGC's proposed objectives and principles.
Amazing Tips to Finding the Best Intellectual Property Attorney.pdffalatiSEO
In a world driven by ideas and innovation, protecting intellectual property (IP) has never been more crucial. Intellectual property attorneys are the legal architects who safeguard the intellectual creations, innovations, and assets of individuals and businesses. This blog explores the vital role of an intellectual property attorney and how they help navigate the complex terrain of intellectual property law.
This document discusses the challenges of protecting indigenous intellectual property rights. It begins by defining indigenous knowledge as traditional knowledge, practices, and beliefs passed down through generations in a particular community, and intellectual property rights as legal protections for creative works. Some challenges to protecting indigenous IPR include loss of knowledge due to oral traditions, lack of documentation and recognition, unauthorized commercial use without compensation, and damage to cultural heritage from development. The document argues that protecting indigenous IPR is important for equity, cultural preservation, and biodiversity conservation. It proposes increasing indigenous community participation in the IPR system through education and decision-making inclusion as part of the way forward.
Amazing Tips to Finding the Best Intellectual Property Attorney.pptxfalatiSEO
In a world driven by ideas and innovation, protecting intellectual property (IP) has never been more crucial. Intellectual property attorneys are the legal architects who safeguard the intellectual creations, innovations, and assets of individuals and businesses. This blog explores the vital role of an intellectual property attorney and how they help navigate the complex terrain of intellectual property law.
This document provides an overview of WIPO's work regarding intellectual property and traditional knowledge, genetic resources, and folklore. It discusses the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), which was established in 2001 to address these issues. The IGC has produced various studies and guidelines. It has also enhanced participation of indigenous communities. WIPO provides legal and technical assistance to member states, including legislative development, education, and capacity building activities to help protect traditional knowledge.
The document provides an overview and discussion of hot topics related to the duty to consult between the Crown and Aboriginal peoples in Canada. It discusses that [1] the duty to consult stems from the honour of the Crown and aims to further reconciliation, [2] the duty requires consultation prior to actions that may adversely impact Aboriginal rights and title, and [3] courts have found that the procedural aspects of consultation can be delegated to third parties but ultimate responsibility rests with the Crown.
This document summarizes a practical workshop for indigenous peoples on intellectual property and traditional knowledge. It provides examples of traditional knowledge, such as using plants for medicine, and examples of traditional cultural expressions like rituals and handicrafts. It discusses treating traditional knowledge and cultural expressions as intellectual property by giving communities control over access and use by third parties. It also describes methods of protecting traditional knowledge, such as positive protection through legislation and defensive protection like digital libraries to prevent misappropriation of knowledge in patent systems. The document outlines issues to consider from indigenous peoples' perspectives, including their holistic understanding of knowledge and the role of indigenous customary law.
This document summarizes a practical workshop for indigenous peoples on intellectual property and traditional knowledge. It provides examples of traditional knowledge, such as using plants for medicine, and examples of traditional cultural expressions like rituals and handicrafts. It discusses treating traditional knowledge and cultural expressions as intellectual property by giving communities control over access and use by third parties. It describes positive protection methods like legislation in Brazil that protects traditional knowledge from unauthorized use, and defensive protection methods like India's Traditional Knowledge Digital Library which prevents the patenting of traditional Indian knowledge. The document discusses issues like indigenous communities' holistic understanding of knowledge and the role of indigenous customary law in protection.
The analysis driven from the above research is that there are no profound laws made by any countries regarding the protection of their heritage culture.
Please like the slide and share your comments.
Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges. Presented by Krishna Prasad Oli at the "Perth II: Global Change and the World's Mountains" conference in Perth, Scotland in September 2010.
Commercial law also known as mercantile laws is associated with the rights, relations and legal binding between the parties involved in a business. It makes them liable to each other in case any one of them comes into the violation of the clauses and provisions of the law. It deals with private law and public law issues and often considered.
Librarians as Archivists and Defenders of IP Rights was originally presented to the World Affairs Council of New Hampshire delegation of librarians and archivists from the Carribean. It was provided to NHCUC library directors by Jon Cavicchi in September 2016
DRI Introductory Training: Copyright and Licensing in Digital Environmentsdri_ireland
This presentation was delivered by DRI Digital Archivist Kevin Long as part of a Digital Repository of Ireland (DRI) Introductory Training seminar aimed at the University College Cork (UCC) research community on 14 June 2021. The presentation covers copyright and licensing in digital environments.
The document discusses harmonizing Indian law with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) from the perspective of deaf people in India. It outlines issues with definitions and terminology used in laws that impact the deaf community. It recommends amendments to various laws around accessibility, including recognizing sign language, providing interpreters, making television accessible, ensuring accessibility in the legal and justice system, and employment laws. It also discusses issues facing deaf children and recommendations to better protect their rights and interests.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
'Introduction to the concept of Open Access and Digital Preservation'dri_ireland
A presentation given by Dr Deborah Thorpe, DRI Education and Outreach Manager, in a session entitled 'Introducing the Arts and Culture in Education Research Repository' (15 May 2020). This session was part of the NUI Galway Open Scholarship Week (11-15 May 2020).
Intellectual Property in Professional PracticesSaji909
This document discusses a group project on intellectual property. The group includes 4 students: Muhammad Sajid, Hanzla Ahmad, Rizwan Haider, and Asadullah Saeed. Muhammad Sajid will focus on the World Intellectual Property Organization and what constitutes intellectual property. The document also covers the major types of intellectual property like copyrights and patents, as well as the nature, importance, and types of intellectual property rights. It concludes with an overview of ethics in information technology and business.
EVENT TITLE: CAPACITY BUILDING TRAINING WORKSHOP IN FINDING, REUSING AND PUBLISHING OPEN NUTRITION DATA
WORKSHOP DATE: 09th January to 10th January 2018
WORKSHOP VENUE: Mukono District Local Government Headquarters, Mukono District, Uganda
SUMMARY:
An Introduction on Intellectual Property and Copyrighting Nutrition Open Data
Web: http://www.mukonocommunityopennutrition.wordpress.com
This document discusses developments around indigenous knowledge, prior informed consent, and ethical research. It covers:
1) Key issues like balancing protection and use of indigenous knowledge, and developing best practices for recognition and maintenance.
2) International standards like the UN Declaration on the Rights of Indigenous Peoples and how they relate to protecting indigenous knowledge.
3) Approaches in Australia including community protocols, guidelines, and legislation, and how these can help manage indigenous knowledge.
4) The importance of free, prior, and informed consent as an ethical requirement for any research projects involving indigenous communities.
Ethics in international research: Scholarly integrity workshop - 2013Cassandra Quave
In 2013, Dr. Quave led a workshop entitled: "Ethics in International Research: Navigating International Policies Concerning Human Subjects and Bioprospecting" for the Emory Program for Scholarly Integrity.
The gap between indigenous peoples demand and wipo's framework on traditional...Dr Lendy Spires
This document summarizes the gap between the demands of indigenous peoples and the framework developed by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) regarding the protection of traditional knowledge. Indigenous peoples have expressed concerns that the existing intellectual property system fails to adequately protect their traditional knowledge and has enabled misappropriation. They argue for a legally binding international instrument that recognizes their collective rights, customary laws, and right to self-determination. While the IGC has made efforts to include indigenous perspectives, indigenous groups feel their views are not fully reflected in the IGC's proposed objectives and principles.
Amazing Tips to Finding the Best Intellectual Property Attorney.pdffalatiSEO
In a world driven by ideas and innovation, protecting intellectual property (IP) has never been more crucial. Intellectual property attorneys are the legal architects who safeguard the intellectual creations, innovations, and assets of individuals and businesses. This blog explores the vital role of an intellectual property attorney and how they help navigate the complex terrain of intellectual property law.
This document discusses the challenges of protecting indigenous intellectual property rights. It begins by defining indigenous knowledge as traditional knowledge, practices, and beliefs passed down through generations in a particular community, and intellectual property rights as legal protections for creative works. Some challenges to protecting indigenous IPR include loss of knowledge due to oral traditions, lack of documentation and recognition, unauthorized commercial use without compensation, and damage to cultural heritage from development. The document argues that protecting indigenous IPR is important for equity, cultural preservation, and biodiversity conservation. It proposes increasing indigenous community participation in the IPR system through education and decision-making inclusion as part of the way forward.
Amazing Tips to Finding the Best Intellectual Property Attorney.pptxfalatiSEO
In a world driven by ideas and innovation, protecting intellectual property (IP) has never been more crucial. Intellectual property attorneys are the legal architects who safeguard the intellectual creations, innovations, and assets of individuals and businesses. This blog explores the vital role of an intellectual property attorney and how they help navigate the complex terrain of intellectual property law.
This document provides an overview of WIPO's work regarding intellectual property and traditional knowledge, genetic resources, and folklore. It discusses the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), which was established in 2001 to address these issues. The IGC has produced various studies and guidelines. It has also enhanced participation of indigenous communities. WIPO provides legal and technical assistance to member states, including legislative development, education, and capacity building activities to help protect traditional knowledge.
The document provides an overview and discussion of hot topics related to the duty to consult between the Crown and Aboriginal peoples in Canada. It discusses that [1] the duty to consult stems from the honour of the Crown and aims to further reconciliation, [2] the duty requires consultation prior to actions that may adversely impact Aboriginal rights and title, and [3] courts have found that the procedural aspects of consultation can be delegated to third parties but ultimate responsibility rests with the Crown.
This document summarizes a practical workshop for indigenous peoples on intellectual property and traditional knowledge. It provides examples of traditional knowledge, such as using plants for medicine, and examples of traditional cultural expressions like rituals and handicrafts. It discusses treating traditional knowledge and cultural expressions as intellectual property by giving communities control over access and use by third parties. It also describes methods of protecting traditional knowledge, such as positive protection through legislation and defensive protection like digital libraries to prevent misappropriation of knowledge in patent systems. The document outlines issues to consider from indigenous peoples' perspectives, including their holistic understanding of knowledge and the role of indigenous customary law.
This document summarizes a practical workshop for indigenous peoples on intellectual property and traditional knowledge. It provides examples of traditional knowledge, such as using plants for medicine, and examples of traditional cultural expressions like rituals and handicrafts. It discusses treating traditional knowledge and cultural expressions as intellectual property by giving communities control over access and use by third parties. It describes positive protection methods like legislation in Brazil that protects traditional knowledge from unauthorized use, and defensive protection methods like India's Traditional Knowledge Digital Library which prevents the patenting of traditional Indian knowledge. The document discusses issues like indigenous communities' holistic understanding of knowledge and the role of indigenous customary law in protection.
The document discusses the history and goals of treaties between Indigenous peoples and colonial governments in what is now Canada. It outlines some of the common features and understandings of treaties from both Indigenous and government perspectives, including promises of ongoing hunting and fishing rights, reserve lands, and support for transitioning to a new economy. The document also shares differing understandings of the spirit and intent of treaties between Indigenous oral histories and colonial records. Overall, it provides context on the ongoing impacts and interpretations of the treaty relationships in Canada.
Comprehensive Guide for Intellectual Property Law : Expert AdvisefalatiSEO
In a world fueled by ideas and innovation, protecting intellectual creations has become a cornerstone of modern society. Intellectual Property (IP) law plays a pivotal role in safeguarding the rights of creators, inventors, and innovators. In this blog, we'll delve into the intricacies of intellectual property law, exploring its various facets and shedding light on how it fosters creativity, encourages progress, and safeguards originality.
The Special Rapporteur examines the human rights situation of indigenous peoples in Canada based on research conducted during an October 2013 visit. While Canada has developed legal protections for indigenous rights, significant human rights challenges remain. The socioeconomic gap between indigenous and non-indigenous Canadians has not narrowed, and indigenous peoples experience high levels of poverty, low educational achievement, poor housing, and lack of access to social services. Indigenous women and girls also remain vulnerable to violence. Overall, there are high levels of distrust between indigenous peoples and the federal and provincial governments regarding the unresolved nature of land claims and self-governance issues. Urgent measures are needed to establish long-term solutions based on partnership with indigenous peoples.
The document is a report from the United Nations Special Rapporteur on the rights of indigenous peoples examining the human rights situation of indigenous peoples in Canada. It summarizes that while Canada has developed legal frameworks and policies to protect indigenous rights, significant challenges remain. The well-being gap between indigenous and non-indigenous Canadians has not narrowed. Treaty and land claims remain unresolved and indigenous women face abuse. Overall, indigenous peoples have high distrust of government. Concerted efforts and real partnership with indigenous groups are needed to establish long-term solutions respecting their rights.
Indigenous knowledge in climate change adaptation: recognition of the rights ...IIED
This presentation was made by Dr Cath Traynor and Reino Le Fleur of Natural Justice at the 21st Conference of the Parties (COP21) in Paris on 7 December, 2015.
It was made in a side event on 'Supporting poor, vulnerable and indigenous communities'.
Best Lawyer Near me you requires careful consideration of several factors to ensure you receive effective legal representation tailored to your specific needs. Here are some steps to help you identify and choose the right lawyer:
This document discusses biopiracy and intellectual property rights. It defines biopiracy as the exploitation of natural resources or traditional knowledge from indigenous communities for commercial purposes without compensation. An example given is a US company obtaining a patent on Basmati rice varieties indigenous to India. To prevent biopiracy of Indian traditional knowledge, the document argues that India needs to broaden its patent laws and create a digital library of traditional knowledge. Developing countries also need to collaborate internationally to provide a counterbalance to industrialized countries in negotiations around biopiracy.
Duty To Consult Presentation Vbt Aboriginal Opportunities Conference Pptkitasoo
This document summarizes key questions and considerations regarding the duty to consult and accommodate Aboriginal peoples in Canada. It discusses whether Canadian law supports prior informed consent, if consent means veto, and if standard consultation processes are sufficient. It also addresses if proposed streamlining legislation could prejudice fulfilling the duty, if consultation duties can be delegated, and if courts can require negotiation between third parties and First Nations. The document provides context and analysis for each topic to help understand the legal issues surrounding consultation and accommodation.
Mca Aboriginal Lands And Resource Management Forum Negotiating Equitable...kitasoo
1) First Nations want equitable roles in the economy from IBAs, respect for their culture and traditional knowledge, environmental compliance that sets high standards, prosperous and sustained livelihoods, and benefits that leave a lasting legacy.
2) To ensure equity, First Nations should cooperate, share information, determine the Crown's role, foster innovative negotiations, and exercise due diligence on proponents.
3) Template agreements can provide equity if First Nations hold negotiating power, tailor templates to their values, build in fairness incrementally, and customize their suite of templates.
This document discusses the advantages and disadvantages of using trusts versus societies for First Nations business and investment purposes. It notes that trusts are commonly used but can be complex and inflexible if not properly drafted. In particular, trusts may inappropriately restrict how revenue can be used and fail to respect First Nations' self-determination. Societies offer an alternative that can avoid these issues through greater simplicity, tax exemption, and member oversight of directors. However, both trusts and societies require adherence to strong governance standards to be effective.
The document summarizes the impact of the proposed Harmonized Sales Tax (HST) in British Columbia on individuals, businesses, and First Nations communities. Key points include:
- The HST combines the federal GST and provincial PST into a single 12% tax. Businesses will be able to claim input tax credits to recover taxes paid on business purchases.
- For individuals and businesses, some goods like children's clothing will receive rebates. Restaurant meals and new housing will now be taxed. Tax credits will help offset the impact on low-income residents.
- First Nations, Indians, and goods/services on reserves will continue to be exempt as under the GST. The HST will
The document provides an overview of the legal principles of Aboriginal consultation and accommodation in Canada. It discusses what constitutes Aboriginal rights and title under the Constitution as well as the Crown's duty to consult and accommodate. The duty depends on the strength of the Aboriginal claim and scale of impact and requires meaningful consultation. Industry has a role in advancing consultation, though the duty falls to the Crown. Municipalities' duty is unclear but they make decisions that could impact rights. Accommodation aims to share decision-making, economic opportunities, and develop community capacity.
The document discusses the role of Indigenous customary law (ICL) in an international regime (IR) governing access and benefit-sharing of genetic resources and traditional knowledge. It argues that ICL should be incorporated into contracts between indigenous peoples and users of genetic resources through minimum standards. It also argues that competent authorities at both the national and indigenous peoples level should recognize ICL and ensure free prior and informed consent. Finally, it states that for disputes related to such contracts to be resolved at an international level, the IR would need explicit language requiring ICL to be considered and given appropriate deference.
1. Traditional Knowledge: Legal Protection at the Local, Provincial, National and International Level Merle Alexander Tsimshian Nation Chair of the Aboriginal Practice Group – Boughton Law
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14. Questions Merle Alexander Boughton Law 700-595 Burrard St. Vancouver BC, V7X 1S8 +16046474145 [email_address]