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Indigenous Intellectual Property
An Interrupted Intergenerational Conversation
Dr. Val Napoleon (Edited by), Rebecca Johnson (Edited by), Richard Overstall (Edited by), Debra McKenzie (Edited by)
9781487558222
Paperback / softback, published 23 December 2024
176 pages
22.9 x 15.2 x 1 cm, 0.26 kg
Historically, Indigenous artistic, cultural, and societal expression has been identified and examined within Canadian or international legal regimes. This book identifies Indigenous intellectual property concerns as an Indigenous legal issue to be taken seriously within specific Indigenous legal orders. Indigenous Intellectual Property opens up complex discussions about existing Indigenous intellectual property law, and avoids the tendency to pigeonhole Indigenous intellectual property into a Western legal model. Drawing on diverse case studies, this book considers the existing laws in the Gitxsan, Secwepemc, and Hupacasath (Nuu-chah-nulth) legal orders, as well as from the Solomon Islands and Hawai’i. The case studies are grounded in their respective legal and oral histories, and contextualized within a broader discussion of Indigenous law, addressing issues of colonial myths, shrinking conceptions of Indigenous law, common resistances to Indigenous property and law, and important connections between Indigenous law and governance and citizenship. The book carefully considers how the governance and civic value of intellectual property points to the unsuitability of the current state and international intellectual property legal regimes to many Indigenous intellectual property concerns. Ultimately, Indigenous Intellectual Property reveals the various ways in which to identify and understand law within Indigenous societies – through narrative and story analysis, observations of practices and ceremonies, and political and legal ordering.
Introduction 2. Secwepemc Law of Intellectual Property 3. A People of Themselves: Some Field Notes on Gitxsan Law 4. Owning the hula? 5. Conversational Flows: Indigenous Property in the Law School Lounge
1. The Octopus: What Might Constitute Indigenous Intellectual Property
Val Napoleon
Debra McKenzie
Richard Overstall
Debra McKenzie
Rebecca Johnson