OE 5. Indigenous Knowledge and Intellectual Property

Indigenous Approach to Social Wellbeing, Governance and Environmental Management.

Many Indigenous communities use consensus-based decision-making processes, where all members have a voice and decisions are made collectively. This approach fosters inclusivity and ensures that the needs and perspectives of all community members are considered. Traditional governance structures often include clan and kinship systems that define social roles, responsibilities, and relationships. These systems help maintain social organization and support community; harness ecological balance and manage natural resources effectively, promote soil health and biodiversity. ,

Education and the Role of Elders in Knowledge Sharing.

Traditionally Indigenous knowledge was passed down through oral traditions and storytelling. Elders shared stories that conveyed cultural values, history, and lessons, providing a rich and engaging educational experience for younger generations. Highly respected Elders in Indigenous communities play a crucial role in ensuring the continuity of cultural knowledge, and in guiding and mentoring younger generations. Learning through direct interaction with the environment and land helps students develop practical skills and a deep understanding of their cultural heritage.

Prevent Misappropriation of Indigenous Knowledge, Art and Cultural Practices.

Indigenous art and knowledge misappropriation occurs when elements of Indigenous cultures are used without permission, respect, or proper acknowledgement, when traditional designs, symbols, or practices are used in ways that distort or disregard their original meaning or significance. Misappropriation disregards the cultural context and the rights of Indigenous communities, leading to exploitation and harm.

Guided by the examples below:

Practice acknowledging the rich cultural heritage and wisdom of Indigenous communities. Write your statement of recognition for an Indigenous object of art, socio-cultural practice, or knowledge.

Reflect on your own cultural backgrounds and find commonalities and cultural knowledge equivalents. This practice promotes a sense of connection and respect for Indigenous perspectives and helps foster a deeper understanding and appreciation of Indigenous knowledge.

Implement forms of public acknowledgment, appreciation, and respect for Indigenous people and authors, fostering a culture of inclusivity and recognition. Formulate, present orally, and display written acknowledgments to restore visibility of Indigenous voices and contributions, ensuring they are valued and respected within the broader community.

Examples

1. Respecting Intellectual Property Rights
   • Indigenous knowledge is considered intellectual property and should be protected as such. Example: The San people of Southern Africa have used the Hoodia plant as an appetite suppressant for centuries. When pharmaceutical companies sought to develop a weight-loss drug from the plant, they initially did so without consulting or compensating the San people. After legal battles, the San were eventually compensated.
   • Unauthorized use or commercialization of Indigenous knowledge without consent is a form of misappropriation. Example: A patent was granted in the US for turmeric’s wound-healing properties, despite this knowledge being known and used by Indian communities for centuries. The patent was later revoked after it was challenged.
2. Practicing Cultural Sensitivity
   • Engaging with Indigenous knowledge requires an understanding of and respect for the cultural context in which it is embedded. Example: When creating educational materials about Indigenous medicinal practices, it is important to consult with Indigenous healers and communities to ensure that the information is accurate and presented respectfully.
   • Culturally sensitive engagement involves seeking permission, giving credit, and ensuring that the knowledge is used in a way that benefits the Indigenous community. Example: A university collaborates with an Indigenous community to develop a curriculum on traditional ecological knowledge. The community is involved in the creation process, credited for their contributions, and receives a share of any financial benefits
3. Ethical Guidelines
   • Develop and follow ethical guidelines for engaging with Indigenous knowledge, including obtaining informed consent and ensuring fair compensation. Example: Researchers working with Indigenous communities on environmental projects follow a set of ethical guidelines that include obtaining informed consent, providing fair compensation, and ensuring that the community benefits from the research outcomes.
   • Collaborate with Indigenous communities to co-create educational resources and ensure that their knowledge is represented accurately and respectfully. Example: An educational institution partners with Indigenous elders to co-create a series of videos on traditional agricultural practices. The elders are actively involved in the production process and their knowledge is accurately represented
4. Avoiding Misappropriation
   • Avoid using Indigenous knowledge out of context or in ways that strip it of its cultural significance. Example: A company avoids using Indigenous symbols and motifs in their branding without understanding their cultural significance and obtaining permission from the relevant Indigenous community
   • Recognize and address power imbalances that may exist in the sharing and use of Indigenous knowledge. Example: A non-profit organization working with Indigenous communities ensures that decision-making power is shared equally and that the communities have control over how their knowledge is used and shared

Acknowledgment for Indigenous Contents in Education

When presenting Indigenous knowledge as part of educational materials, it is crucial to acknowledge and respect the source and understand how it differs from standard authorship and Creative Commons (CC) licenses. Here are some proper ways of acknowledgment, along with examples:

Land Acknowledgments

• Example: At the beginning of a course or educational event, include a land acknowledgment that recognizes the traditional territories of the Indigenous peoples on whose land the institution is situated. This can be a spoken statement or included in written materials.
• Note: Unlike CC licenses, which focus on the legal use of content, land acknowledgments are about recognizing and respecting the historical and ongoing connection of Indigenous peoples to their land

Attribution to Knowledge Holders

• Example: When using specific Indigenous knowledge, such as traditional ecological practices or cultural stories, explicitly attribute this knowledge to the community or individual knowledge holders. For instance, “This teaching on sustainable agriculture practices is shared with permission from the Haida Nation.”
• Note: General authorship rights typically involve citing an author or creator, but attributing Indigenous knowledge requires acknowledging the community and cultural context from which the knowledge originates

Collaborative Creation and Co-Authorship

• Example: Develop educational resources in collaboration with Indigenous communities, ensuring that they are co-authors of the material. For example, a curriculum on traditional medicinal plants could be co-created with Indigenous healers and include their names as co-authors.
• Note: While CC licenses allow for shared use and adaptation of content, collaborative creation with Indigenous communities ensures that their voices and perspectives are integral to the material, rather than just being used with permission

Ethical Guidelines and Informed Consent

• Example: Obtain informed consent from Indigenous communities before using their knowledge. Follow ethical guidelines, that may involve formal agreements that outline how the knowledge will be used and shared.
• Note: Unlike general authorship rights, which may not always require consent for use, ethical guidelines for Indigenous knowledge emphasize the importance of permission and fair compensation

Cultural Sensitivity and Context

• Example: Present Indigenous knowledge within its cultural context, ensuring that it is not taken out of context or misrepresented. For example, when teaching about traditional ceremonies, provide background on their cultural significance and the protocols for sharing this information.
• Note: CC licenses focus on the legal aspects of content use, while cultural sensitivity involves a deeper understanding and respect for the cultural significance and context of Indigenous knowledge

Resources:

1. Unit 7: Ecological wisdom in traditional knowledge: View as single page | OLCreate  part of the Course: Sustainable Pedagogies OLCreate: PUB_8228_1.0 Sustainable pedagogies (Open University. Home | OLCreate)

2. Working with indigenous knowledge – Strategies for health professionals : Free Download, Borrow, and Streaming : Internet Archive

3. Towards Truth and Reconciliation: A Learning Resource Guide – Canada.ca

4. Paths-to-Reconciliation-Teachers-Guide.pdf

5. Traditional Knowledge Labels and Licenses implemented for Indigenous knowledge and contexts.

6. Indigenous cultural protocols for information sharing and governance / Ownership, Control, Access and Possession – OCAP^®