Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.

Indigenous climate change adaption in the Port Philip Bay region : a longitudinal investigation into the physical and cultural transformation of the bay from an indigenous and landscape architectural perspective

Currently there is a dearth of research into Australian Indigenous knowledge and their understanding of climate change especially in regard to how it fits into their world view. Recent discussions by the National Climate Change Adaptation Research facility (NCCARF) have highlighted this deficiency but also the need to source relevant research projects that may address this knowledge and perspective, and enable the incorporation of Traditional ecological Knowledge into the planning climate change adaptions strategies in the Port Phillip Bay region thereby increasing their engagement in this discussion. Within this context, this paper examines the use and understanding of landscape, both urban and regional, surrounding Port Phillip Bay and the risks and opportunities climate change adaptation brings to the local Indigenous communities. It synthesises focused interviews with the (Wurundjeri (Yarra Valley), Wathaurong Geelong-Bellarine Peninsular) & Boon Wurrung (Mornington Peninsula)) to elicit a contemporary and local response to issues raised by NCCARF but importantly to articulate a possible Indigenous position about the formation, change and direction that Port Phillip Bay and its environs should take from their perspectives. Research draws upon how these communities have adapted to climate change physically, mentally and spiritually over their long habitation of a shared geological asset and their perceptions of climate change in respect to forecasting and adapting to climate change for this century. The project looks to uncover a longitudinal perspective of change and adaptation focused upon Indigenous views of ‘country’ and traditional custodial obligations to ‘country’ including accumulated cultural and environmental histories.

Valuing the arts : theorising and realising cultural capital in an Australian city

For those who make and admire artistic works, there is no question of their value. However, for others interested in economic development, the value of the arts is often more tangential, contested and questionable. While the post-modern world of consumption and spectacle suggests to some academics and governments that the arts and cultural industries are the way of the future, others remain sceptical about their social and economic value. This is a theoretical as well as a practical issue this paper explores by offering a reconceptualisation of Pierre Bourdieu's concept of cultural capital as a way of re-assessing the value of the arts. The paper then applies this framework to quantify and qualify the value of the arts in one regional city in Australia – Geelong in Victoria – focusing on the work of two artists. The aim is to describe the interconnected processes by which the arts generate cultural capital in the form of confidence, image, individual well-being, social cohesion and economic viability. The analysis also highlights the ongoing power relations which prescribe artistic production, circulation and valuation. The implications of such a rethinking and application go well beyond one city and region to other places grappling with the relationship between artistic production and urban well being. By focusing on the broad-ranging process by which artistic value is created for individuals, groups, professionals, communities and governments, a model becomes available for other places to use in realising their cultural capital.

Commercial sex work, survival sex, sexual violence and HIV/AIDS prevention in Arumeru District, Arusha region Of Tanzania

Objective: To examine the knowledge and practices about HIV/AIDS among female Tanzanian commercial sex workers (CSWs) and assess the contextual dynamics that prevent safer sexual behaviours.

Method: The study used mixed methods and was implemented in two phases. Phase one assessed the knowledge and practices about HIV/AIDS among CSWs. Data were obtained with 54 CSWs, who were selected by using a snowball sampling approach. Semi-structured, face-to-face interviews with the CSWs were undertaken to allow the research participants to describe and discuss their lived realities as they perceive and experience them. In phase two, three discrete focus group discussions, each comprising 6-10 women, were carried out with 26 of the 54 CSWs who were interviewed in phase one.

Results: There was exploitation and inequity in the women's lives due to the multiple and overlapping oppressions of poverty and patriarchy. Sexual violence was framed, legitimised and reinforced by structural and cultural inequities. Such exploitation impacted not only on CSWs' lives as sex workers, but on their previous and/or simultaneous lives as mothers, wives, girlfriends and daughters. The women practised ‘survival sex’ as CSWs and/or sexual partners of men, and experienced sexual violence from their clients/partners. This violence was either culturally legitimised within a patriarchal framework or manifested itself as ‘displaced aggressive sex’ by men experiencing marginalisation in socio-economic spheres.

The colonial museum and UNESCO in the Asia-Pacific region

This thesis is an account of the role of UNESCO in promoting museology in the Asia-Pacific region after World War II. It shows how the strategy to advance cross-cultural mutual understanding through museum programmes built upon the British colonial museum system and facilitated new professional networks.

Ground truthing : explorations in a creative region

Australia’s evocative Mallee region is rich with histories, impressions and geographical complexities. It is also a microcosm of a world in turmoil.

Ground Truthing allows the Mallee to speak: to show its nurturing and renewable self. In searching for the creative principles that bring the Mallee into being, Carter digs, plots and weaves a poetic passage. A Wotjobaluk man, 'Jowley', the poet John Shaw Neilson and pastoralist William Stanbridge are among characters that give creative access to the region. Their voices mingle with those of vanished peoples and an ecological future crying out for renegotiation.

Through this spatial history of the Mallee, we see that regions contain 'the region of regions' that is the creative key to the production and sustenance of all places.

Early childhood teachers' professional development in music : a cross-cultural study

This paper deals with professional teacher development. It specifically focuses on a research study of early childhood teachers' views and involvement in teaching music to young children. It presents findings from a comparative study of 38 teachers in three childcare centres in the Hong Kong Special Administrative Region and 24 teachers in four childcare centres in South Australia. Two research questions are discussed and answered: (1) What are early childhood teachers' levels of involvement in professional development in music? (2) Are there any significant relationships, that is differences and commonalities, in the findings between teachers' levels of involvement in these two cultural contexts? A unique research tool entitled Teachers' Music Development Scale was devised to collect data and measure teachers' involvement in music development. Specific findings and their implications are presented in the paper.

Damming the flow: cultural barriers to perceived ‘procedural justice’ in Wonthaggi, Victoria

 Drier conditions in Australia have compelled governments to implement projects such as the desalination plant in the South Gippsland town of Wonthaggi. The desalination plant is still under construction, but South Gippsland is already host to wind turbines and marine protected areas, reflecting public pressure to develop renewable energy sources and conserve resources. However, all projects have been met with vocal opposition. Using the desalination project as a case study, this paper will address public concerns about a perceived lack of procedural justice in implementing such projects. Drawing on data from a pilot survey of 320 residents, we argue that procedural shortcomings of the project include inattention to past political disputes in the region and to the culturally entrenched sense of division between city and country. Attention to political and cultural histories is vital to the successful and ethical implementation of projects in regional areas.

Architecture, identity and cultural sustainability in contemporary Southeast Asian cities

Distinctive architecture, which once served to identify peoples and places, has now, across the world, been subject to the standardising forces of history. Built environments still reflect the conceptual, spatial and physical construction of communities, though straightforward correlations between particular forms of architecture, places and people can no longer be taken for granted. This article explores these notions through discussion of several Southeast Asian examples, seeing how the relationship between architecture and culture might be framed by each of them, and then how definitions of culture might be differently expressed depending on each context. The first context is the village. Here, recent buildings are produced within a traditional, rural culture, generally without recourse to architects. Indigenous symbolism is overlaid, but not necessarily subsumed, by imported typologies and ideologies. The second context is urban and more formalised and involves self-conscious architectural attempts to straddle tradition and modernity, as well as notions of broader collective identity. The third context is one of a more diffused globalisation. Issues of conservation and heritage are complicated by the imperial or colonial histories of many urban environments, as well as by the pressures of economic development and population growth. In cultural terms, however, it is the life of cities that is foregrounded here. This disparate collection of architectural projects and agendas reflects a region where the forces of essentialism and fragmentation continue to be in creative tension (Ashraf 2005).

Cultural landscapes : a bridge between culture and nature?

Cultural landscapes are intended to increase awareness that heritage places (sites) are not isolated islands and that there is an interdependence of people, social structures, and the landscape and associated ecological systems. The paper explores whether the recognition of the 1992 World Heritage Cultural Landscape categories, the IUCN Protected Landscapes and the 2005 merging of cultural and natural criteria for World Heritage purposes have been effective in bridging the gap between culture and nature philosophically and in practice. With particular reference to opportunities presented in the Asia-Pacific region, where traditionally culture and nature are not regarded as separate, people are part of nature, the paper will further critically review the nature–culture link and its implications for North American-style national parks where cultural associations may not be seen to be necessary or even desirable. It suggests the imperative of highlighting and respecting in heritage nominations and inscriptions deep cultural associations of traditional communities with natural sites and implications for management to protect cultural and biological diversity and the need for thematic studies.

Cultural heritage and development in South East Asia

This chapter discusses research undertaken into the developmental role of museums and heritage sites in Thailand and the Greater Mekong Subregion, a geographical area that also includes Cambodia, Laos PDR and Myanmar. It contextualizes an international project, the Lampang Temples Project, to explore the potential role that museums and heritage sites can play in place-based development work, particularly in an Asian context where sacred places are simultaneously valued by local members of the community and as desinations for religious pilgrims and international tourists. The discussion of the Lampang Temples Project is located within an understanding of the international discourse concerning the roles of museums in development, including those contributions to the discourse that have originated in the Asia-Pacific region. It is also situated within an understanding of the roles of international agencies and local governments in the promotion of programmes and infrastructure for the preservation of Buddhist heritage and the relationship of this development strategy with tourism. Furthermore, due to the participatory and observational experience of the authors in the Lampang Temples Project, the chapter also considers the issues involved in applying cross-cultural pedagogies to the management of cultural tourism sites, including UNESCO World Heritage Sites. The results of the Lampang Temples Project support the contention that colaborative training models and pedagogies can be adapted, provided that differing cultural contexts and suppositions are appropriately articulated and integrated. Further, it suggests that this type of collaborative approach to the management of cultural tourism sites has the potential to play an important role in Buddhist heritage development processes.

Indigenous knowledge and climate change : the Wathaurong and Gadubanud narrative for the Great Ocean Road region

For more than forty thousand years Aboriginal people of Australia have been confronted with major climate, ecological and geological changes as well as annual seasonal variations. Many of these changes have been captured in the cultural traditions of Maar (the people) of the south-west Victorian coast and the knowledge has been transferred from generation to generation through Dreaming stories. Many Dreaming stories recount the forming of the coastal landscape and Sea Country. Weather patterns and climate change were gauged by the occurrence of natural events such as the tidal changes, sea level rise, landscape changes, behaviour of animals, and the availability of food sources. Can this ancient knowledge provide answers for adaptation and resilience to a rapid changing climate? Drawing upon recent literature on coastal climate change in the Great Ocean Road Region (GORCC, 2012), literature review of indigenous environmental planning (Kooyang Sea Country Plan, 2004), and investigation of settlement patterns of the Wathaurong and Gadubanud people, this paper reviews the changes in the landscape due to climate change and explores traditional knowledge as input to a potential design based adaptation model for coastal settlements of the Great Ocean Road Region.

The experience of old age in West Sumatra, Indonesia: Culture shift and cultural consonance in the modern era

The past four decades have seen enormous social change in Indonesia as the nation continues to experience rapid urbanization and social pressures in the globalized economy that have led to tensions between traditional cultures and the modern mainstream around the nation. This cultural shift has been felt strongly in West Sumatra, a region of Indonesia inhabited almost entirely by members of the matrilineal Minangkabau ethnic group. While the traditional social values of the area remain strong, they are eroding, and the Minang are becoming more like other Indonesians in terms of their family structure, occupations, and lifestyle. This has had a significant impact on the experience of old age as social and culture change has affected the traditional matrilineal structures that supported and ensured care for the elderly in past generations. This paper will describe the ways in which traditional institutions accommodated older individuals and describe how these systems have changed in the present day. Case studies across generations will be presented to illustrate the ways in which traditional matrilineal social structures are, and have been, perceived in the context of aging. Further, the paper will describe what this means for the elderly and their families in terms of cultural consonance in today’s society, and discussion will focus on the changing experience of old age in a society in transition against a backdrop of rapid urbanization and modernization.

Fostering intercultural understanding through secondary school experiences of cultural immersion

In parallel with many nations’ education policies, national education policies in Australia seek to foster students’ intercultural understanding. Due to Australia’s location in the Asia-Pacific region, the Australian government has focused on students becoming “Asia literate” to support Australia’s economic and cultural engagement with Asian countries. Drawing on Allport’s optimal contact principles and key factors supporting intercultural understanding, this study examines two “sister school” cultural immersion trips in Indonesia and East Timor to explore ways in which their different approaches supported positive intergroup contact and helped foster intercultural understanding among students. Focus groups and interviews with school project teams and analysis of both researcher and teacher project field notes and documents suggested that these schools’ programmes could be mapped onto Allport’s contact principles in different ways. The paper concludes with promising approaches that can help to inform sister school programmes.