ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Green on "Property" in Indigenous Knowledge

By Lawrence Solum

ADVERTISEMENTS

Daniel Austin Green has posted Indigenous Intellect: Problems of Calling Knowledge Property and Assigning it Rights (Texas Weleyan Law Review, Vol. 15, 2009) on SSRN. Here is the abstract:

    This essay cautions about the dangers of creating sui generis intellectual property protections for indigenous knowledge as an ill-fitted and incomplete remedy to past wrongs committed against native peoples by many governments because the remedy fails to match the harm, either in type or magnitude. Some claims are less about property than they are about the right to control knowledge dissemination, a claim very different from conventional IP protections. I also point to avenues, within and outside intellectual property law, by which indigenous peoples may effectively help themselves without further expansion or change to the law. By taking advantage of intellectual property law, many groups may be able to reap the benefits of their knowledge by choosing to market their knowledge either directly or through intermediaries.

    Incorporation of native groups? customary law offers promise to resolving conflicts over the use of indigenous knowledge. Related to pluralism, but much more general, is the idea of self-determination. Respecting the autonomy of individuals and groups must also imply the incorporation of their laws, even if they are customary instead of codified, into the larger political bodies in which they reside, instead of stripping them of all political and legal power. Another aspect of self-determination, however, urges us to not force integration, but to take a stance of non-interference. Thus, one side of self-determination compels us to incorporate elements of native culture, but another side of this same political value compels us to be hands-off in our dealings with native groups.

Full post as published by Legal Theory Blog on May 29, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0139 secs (new cache)