Arctic Indigenous Peoples and Intellectual Property Law

Abstract

This article deals with current issues regarding the protection of the traditional cultural expression and traditional knowledge of indigenous peoples of the Russian Arctic in the context of intellectual property rights. The relevant problem in terms of legal regulation is the collective nature of intellectual property rights for indigenous peoples, since we are talking about a society whose composition is constantly changing as some members are born and others die. Still, rights relating to cultural heritage belong to the people as bearers of their tradition. The collective nature of the intellectual property rights of indigenous peoples requires theoretical justification as a new phenomenon and a definition of the term, as well as special legal regulations and the development of mechanisms for the implementation of the right.