“Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity”

“Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity”

“Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity” Indiana Journal of Global Legal Studies 6 (1): 59-115.

Abstract: The recognition of IPRs as human rights entails a renewed concern for social justice issues in an era of so-called global harmonization of intellectual property protections that further challenges our considerations of sovereignty. The issue of intellectual property has, for many indigenous peoples, been an effective rhetorical vehicle to keep issues of autonomy and self-determination on the global bargaining table. However, it would be a gross misrepresentation of global cultural politics to suggest that all indigenous interest in intellectual property assumes a collective cultural form. An acknowledgement of IPRs status as human rights instruments seems timely, if not urgent, given the contemporary hegemony of financial and trade considerations in global discussions of intellectual property.

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Date Published: 1998
Publisher: Indiana Journal of Global Legal Studies
Publisher Website: http://ijgls.indiana.edu/