Intellectual Property and Aboriginal People: A Working Paper = Propriete intellectuelle et Autochtones: Document de travail.

Written in English and French, this paper outlines current Canadian intellectual property legislation as it relates to Aboriginal people in Canada, and provides a general review of the implications and limitations of this legislation for protecting the traditional knowledge of Aboriginal people. An initial discussion of Aboriginal perspectives highlights the difference between sacred traditional knowledge, products, and services associated with traditional lifestyles of Aboriginal people, and innovations or new creations of an individual or an Aboriginal company. Not all traditional knowledge is considered to be intellectual property under Canadian law, therefore a web of strategies is suggested to better protect and control traditional Aboriginal knowledge. These strategies include community guidelines for researchers and businesses wanting access to traditional knowledge, codes of conduct, statutory options, and legal agreements and contracts. A section on intellectual property protection of Indigenous knowledge describes ownership, nature of rights, criteria for protection, scope of protection, duration, costs, enforcement, and international protection. A section on intellectual property rules applicable to Aboriginal contexts discusses copyrights, neighboring rights, industrial designs, trademarks, patents, trade secrets, plant breeders' rights, integrated circuit topographies, and licensing intellectual property. The conclusion points out the need for new techniques and laws that are more appropriate for protecting Aboriginal traditional knowledge and recommends educating non-Aboriginals to increase respect and understanding for Aboriginal traditional knowledge. Information sources presented include 17 federal, international, general, and Aboriginal Internet sources; 11 organizations; and 20 references. (TD)