The genographic project: Traditional knowledge and population genetics

This article considers the debate over patent law, informed consent, and benefit-sharing in the context of biomedical research in respect of Indigenous communities. In particular, it focuses upon three key controversies over large-scale biology projects, involving Indigenous populations. These case studies are representative of the tensions between research organisations, Indigenous communities, and funding agencies. Section two considers the aims and origins of the Human Genome Diversity Project, and criticisms levelled against the venture by Indigenous peak bodies and anti-biotechnology groups, such as the Rural Advancement Foundation International. It examines the ways in which the United Nations Educational, Scientific, and Cultural Organization (UNESCO) grappled with questions of patent law, informed consent, and benefit sharing in relation to population genetics. Section three focuses upon the ongoing litigation in Tilousi v. Arizona State University, and the Havasupai Tribe v. Arizona State University. In this matter, the Havasupai tribe from the Grand Canyon in the United States brought legal action against the Arizona State University and its researchers for using genetic data for unauthorised purposes - namely, genetic research into schizophrenia, migration, and inbreeding. The litigation raises questions about informed consent, negligence, and larger matters of human rights. Section four explores the legal and ethical issues raised by the Genographic Project. It considers the aims and objectives of the venture, and the criticisms levelled against it by Indigenous communities, and anti-biotechnology groups. It examines the response of the United Nations Permanent Forum on Indigenous Issues to the Genographic Project. It charts the debate over the protection of traditional knowledge in various international fora. The conclusion recommends a number of measures to better regulate large-scale biology projects involving the participation of Indigenous communities.

Albert Namatjira: copyright estates and traditional knowledge

Albert Namatjira was Australia's first Indigenous professional artist. He adapted Western-style painting to express his cultural knowledge of the Arrernte country, for which he was a traditional custodian. In his lifetime, Albert Namatjira achieved great acclaim for his exceptional ability as an artist. However, after his untimely death, he was ignored by the mainstream Australian art world, because of the aesthetic prejudices and social policies of the time. A recent exhibition entitled Seeing the Centre: The art of Albert Namatjira (1902-1959) curated by Alison French has sought to redress this neglect, and provide a retrospective of his work. The exhibition has brought to light that the copyright in the artistic works of Albert Namatjira has not been passed onto his family descendants. In June 1957, Namatjira entered into a copyright agreement with John Brackenreg, the owner of a publishing company by the name of Legend Press, and the associated Artarmon Galleries in Sydney. It was agreed that Legend Press would pay royalties to Namatjira for the sole right to reproduce all of his paintings. Following Namatjira's death in 1959, the administration of his estate passed to the Public Trustee for the Northern Territory Government. The Public Trustee of the Northern Territory Government authorised the sale of Namatjira's copyright to Legend Press in 1983, thereby ending the ability of the descendents of Namatjira to benefit from on-going income from the reproduction of his works. Senator Aden Ridgeway of the Democrats has called on the Federal Government to enter into discussions with the Northern Territory Government to buy back the copyright in Albert Namatjira's works. He argued that exclusive control of the use and reproduction of his works should be restored to his descendants, as well as the receipt of all financial benefits that result from the use and reproduction of his works under copyright protection. The Senator said: 'By doing this, we will all be rewarded, because finally, belatedly, we will be showing Albert Namatjira the reverence that he has always deserved. We will be protecting his legacy for future generations'.

Blame it on Rio: Biodiscovery, native title, and traditional knowledge

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, benefit-sharing, and ministerial discretion. The use of Indigenous Land Use Agreements in the context of access to genetic resources is also explored. Part 2 considers the role played by native title law in dealing with tangible and intangible property interests. The High Court decision in Western Australia v Ward considers the relationship between native title rights and cultural knowledge. The Federal Court case of Neowarra v Western Australia provides an intriguing gloss on this High Court decision. Part 3 looks at whether traditional knowledge of biodiversity can be protected under intellectual property law. It focuses upon reforms such as Senator Aden Ridgeway's proposed amendments to the Plant Breeder's Rights Act 1994 (Cth), and the push to make disclosure of origin a requirement of patent law.

The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers

"The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers" ABSTRACT Yovana Reyes Tagle The misappropriation of TK has sparked a search for national and international laws to govern the use of indigenous peoples knowledge and protection against its commercial exploitation. There is a widespread perception that biopiracy or illegal access to genetic resources and associated traditional knowledge (TK) continues despite national and regional efforts to address this concern. The purpose of this research is to address the question of how documentation of TK through databases and registers could protect TK, in light of indigenous peoples increasing demands to control their knowledge and benefit from its use. Throughout the international debate over the protection of TK, various options have been brought up and discussed. At its core, the discussion over the legal protection of TK comes down to these issues: 1) The doctrinal question: What is protection of TK? 2) The methodological question: How can protection of TK be achieved? 3) The legal question: What should be protected? And 4) The policy questions: Who has rights and how should they be implemented? What kind of rights should indigenous peoples have over their TK? What are the central concerns the TK databases want to solve? The acceptance of TK databases and registers may bring with it both opportunities and dangers. How can the rights of indigenous peoples over their documented knowledge be assured? Documentation of TK was envisaged as a means to protect TK, but there are concerns about how documented TK can be protected from misappropriation. The methodology used in this research seeks to contribute to the understanding of the protection of TK. The steps taken in this research attempt to describe and to explain a) what has been done to protect TK through databases and registers, b) how this protection is taking place, and c) why the establishment of TK databases can or cannot be useful for the protection of TK. The selected case studies (Peru and Venezuela) seek to illustrate the complexity and multidisciplinary nature of the establishment of TK databases, which entail not only legal but also political, socio-economic and cultural issues. The study offers some conclusions and recommendations that have emerged after reviewing the national experiences, international instruments, work of international organizations, and indigenous peoples perspectives. This thesis concludes that if TK is to be protected from disclosure and unauthorized use, confidential databases are required. Finally, the TK database strategy needs to be strengthened by the legal protection of the TK itself.

Traditional Knowledge of the Ecology of Belugas, Delphinapterus leucas, in Cook Inlet, Alaska

The population of belugas, Delphinapterus leucas, in Cook Inlet, Alaska, is geographically isolated and appears to be declining. Conservation efforts require appropriate information about population levels and trends, feeding and behavior, reproduction, and natural and anthropogenic impacts. This study documents traditional ecological knowledge of the Alaska Native hunters of belugas in Cook Inlet to add information from this critical source. Traditional knowledge about belugas has been documented elsewhere by the author, and the same methods were used in Cook Inlet to systematically gather information concerning knowledge of the natural history of this beluga population and its habitat. The hunters’knowledge is largely consistent with what is known from previous research, and it extends the published descriptions of the ecology of beluga whales in Cook Inlet. Making this information available and involving the hunters to a greater extent in research and management are important contributions to the conservation of Cook Inlet beluga

A participatory study of the traditional knowledge of fishing communities in the Gulf of Mannar, India

This is the first in a series of case studies undertaken by the International Collective in Support of Fishworkers (ICSF) to document the traditional knowledge of fishing communities dependent on marine and coastal resources in protected and conserved areas in different parts of the world. The study, done with the support of the Bay of Bengal Large Marine Ecosystem (BOBLME) project, documents the traditional knowledge of fishing communities in the Gulf of Mannar in the state of Tamil Nadu. It focuses on two fishing villages, Chinnapalam and Bharathi Nagar, whose communities have traditionally depended on Krusadai and Appa Islands for their livelihood. Traditional knowledge relating to oceanographic, meteorological, biological, ecological and navigational aspects of fisheries was documented. The study will be useful for researchers, students, scientists, policymakers, fishworker organizations, NGOs and anyone interested in the traditional knowledge of local fishing communities related to marine biodiversity and the customary use of fisheries resources and fishing practices.

Should Anacardium humile St. Hil be used as an antiulcer agent? A scientific approach to the traditional knowledge

The crude methanolic extract (ME) obtained from the leaves of Anacardium humile was evaluated orally at doses of 250-500-1000 mg/kg on gastric lesion on ethanol and piroxicam induced gastric lesions in rodents. All the tested doses significantly inhibited gastric lesions by 56 to 100%. These results seems to support the traditional use of this species in the treatment of gastric diseases. (C) 2007 Elsevier B.V. All rights reserved.

Barriers to environmental management in clusters of small businesses in Brazil and Japan: from a lack of knowledge to a decline in traditional knowledge

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Perceptions of environmental change and use of traditional knowledge to plan riparian forest restoration with relocated communities in Alcantara, Eastern Amazon

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Assessing traditional knowledge on forest uses to understand forest ecosystem dynamics

Forest ecosystems worldwide are heavily influenced by human activities. Information on these human activities are key for understanding ecosystem dynamics, especially as some of these human activities have long-term consequences, i.e. legacy effects. We assessed the diversity of forest uses across the Swiss Alps and the respective traditional forest-related knowledge (TFRK) by conducting 56 oral history interviews in five regions. As TFRK tends to be underrepresented in written records, oral history proves to be a very valuable approach. We classified the information gathered in 61 specific forest use practices, characterized by activity, product and use, in order to gain a comprehensive picture of the regional variability but also cross-regional ubiquity of certain forest uses. Based on these results we are able to name the ecologically most relevant forest uses which were most likely, or potentially occurring in Central European forests. We suggest a simple, systematic historical assessment of these relevant forest uses to be applied in all studies on forest ecosystems. This procedure will enable scientists to better evaluate to what degree human activities had an impact on forest ecosystem dynamics in their study area.