Show your respect for Indigenous Peoples and their knowledge. Before sharing or repeating Indigenous Knowledge, in any format or medium:
There is no universally accepted definition of Indigenous Knowledge. The term describes complex knowledge systems embedded in the unique cultures, languages, values, and worldviews of Indigenous Peoples. Indigenous Knowledge exists within Indigenous legal, political, and governance systems. First Nations, Inuit and Métis have distinct knowledge systems that may share certain common characteristics. Other common terms for Indigenous Knowledge systems include Traditional Knowledge, Traditional Ecological or Environmental Knowledge, Aboriginal Traditional Knowledge, Métis Traditional Knowledge, and Inuit Qaujimajatuqangit.
Indigenous Knowledge is community-specific and place-based, arising from Indigenous Peoples’ intimate relationship with their environment and territory over thousands of years. It is generally understood to be collective knowledge that encompasses community values, teachings, relationships, ceremony, oral stories and myths. It is cumulative and dynamic, building upon the experiences of earlier generations, informing the practice of current generations, and evolving in the context of contemporary society. Indigenous Knowledge is defined and collected according to protocols and procedures of each Nation or community.
Indigenous Knowledge systems are diverse, living value systems that need to be considered equally alongside other knowledge, including western science. Spirituality, ceremony, reciprocity, relationships with and responsibilities towards the earth are an integral part of Indigenous Knowledge. Indigenous Knowledge is not limited to land-use, it is not simply data, and it is not relegated to the past (as the term 'Traditional' may imply). Indigenous Knowledge may be expressed differently by women, gender diverse people, Two-Spirit peoples, people of different sexual orientation, age, socioeconomic class or marital status. Indigenous Knowledge holders are identified by their communities.
From the Government of Canada. (2019). Indigenous Knowledge Policy Framework for Project Reviews and Regulatory Decisions. https://www.canada.ca/en/impact-assessment-agency/programs/aboriginal-consultation-federal-environmental-assessment/indigenous-knowledge-policy-framework-initiative/indigenous-knowledge-policy-framework-project-reviews-regulatory-decisions.html
In a 2018 position statement the Canadian Federation of Library Associations (CFLA/FCAB) recommended that "Canada’s Copyright Act [...] take steps to include protection of Indigenous knowledge and languages and ensure that Indigenous peoples can actively benefit from sharing but also maintaining agency over their own knowledge. This can be achieved through consulting with Indigenous peoples in Canada and including protection of Indigenous Knowledge in Canada’s legislation as understanding of the needs evolves."
Copyright law is an inherently colonial concept that was written in a way that is not compatible with the nature of Indigenous Knowledge. The criteria governing what falls under copyright protection (e.g. fixed in a tangible format; written or recorded by an individual) does not align with Indigenous Knowledge which is instead, complex knowledge systems embedded in the unique cultures, languages, values, and worldviews of Indigenous Peoples.
Innovations based on TK may benefit from patent, trademark, and geographical indication protection, or be protected as a trade secret or confidential information. However, traditional knowledge as such - knowledge that has ancient roots and is often oral - is not protected by conventional intellectual property (IP) systems.
While the policy issues concerning TK are broad and diverse, the IP issues break down into two key themes:
Defensive protection refers to a set of strategies to ensure that third parties do not gain illegitimate or unfounded IP rights over TK. These measures include the amendment of WIPO-administered patent systems (the International Patent Classification system and the Patent Cooperation Treaty Minimum Documentation). Some countries and communities are also developing TK databases that may be used as evidence of prior art to defeat a claim to a patent on such TK. WIPO has developed a toolkit to provide practical assistance to TK holders on documenting TK.
Two aspects of positive protection of TK by IP rights are being explored:
World Intellectual Property Organization (WIPO). (n.d.) Traditional knowledge and intellectual property. https://www.wipo.int/en/web/traditional-knowledge/tk/index