Unauthorized access to and exploitation of Indigenous Peoples' knowledge (also known as “Traditional Knowledge”) raises significant legal, moral, and ethical questions for international human rights law and intellectual property (IP) law. None of the leading multilateral IP treaties address the protection of Indigenous Peoples' knowledge, and efforts to negotiate a multilateral treaty for Traditional Knowledge have thus far been unsuccessful. Nonetheless, the application of IP to Traditional Knowledge - offensively and defensively - is a practice with significant implications for IP, and more so in view of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Using national case studies, this course will explore legal regimes for the regulation of Traditional Knowledge and Traditional Cultural Expressions, including prospects for private law tools to address harms and offer remedies. The course will also explore recent legislative and global policy developments directed to the protection of Indigenous Peoples’ culture and other intangible assets.
NotesThis course is a non-credit offering of LAW 546E available for 2 CLE credits.
Applies Towards the Following Certificates or Series
- William S. Richardson School of Law - J Term : 2021 J-Term