{"title":"土著社区生存的一种(非)常见补救措施:重新审视传统知识共享","authors":"Christos Zois, Vassilis Pergantis","doi":"10.4337/jhre.2023.01.02","DOIUrl":null,"url":null,"abstract":"Indigenous Traditional Knowledge (ITK) has been at the centre of heated debates about patent and intellectual protection for a long time. Efforts to normatively regulate the protection of ITK are imbued by a property-based logic associated most prominently with intellectual property regimes, which focus primarily on its economic value. However, such an approach collides with the spiritual, cultural and sacred character of Indigenous Traditional Knowledge. This article aims to provide an alternative for ITK protection through the revamping of the Traditional Knowledge Commons (TKC) concept. It elucidates those TKC traits beneficial to Indigenous communities and identifies potential challenges associated with TKC implementation. The article highlights instances of successfully enacted TKC as evidence of the economic and social capacity of such communitarian schemes, which can further empower Indigenous communities. Lastly, the article explores the viability of establishing a commons-alike ITK management regime on a global scale given the divergent views and aspirations both of communities providing ITK and potential ITK users.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":3.0000,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"An (un)common remedy to Indigenous communities’ subsistence: revisiting Traditional Knowledge Commons\",\"authors\":\"Christos Zois, Vassilis Pergantis\",\"doi\":\"10.4337/jhre.2023.01.02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Indigenous Traditional Knowledge (ITK) has been at the centre of heated debates about patent and intellectual protection for a long time. Efforts to normatively regulate the protection of ITK are imbued by a property-based logic associated most prominently with intellectual property regimes, which focus primarily on its economic value. However, such an approach collides with the spiritual, cultural and sacred character of Indigenous Traditional Knowledge. This article aims to provide an alternative for ITK protection through the revamping of the Traditional Knowledge Commons (TKC) concept. It elucidates those TKC traits beneficial to Indigenous communities and identifies potential challenges associated with TKC implementation. The article highlights instances of successfully enacted TKC as evidence of the economic and social capacity of such communitarian schemes, which can further empower Indigenous communities. Lastly, the article explores the viability of establishing a commons-alike ITK management regime on a global scale given the divergent views and aspirations both of communities providing ITK and potential ITK users.\",\"PeriodicalId\":43831,\"journal\":{\"name\":\"Journal of Human Rights and the Environment\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.0000,\"publicationDate\":\"2023-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Human Rights and the Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4337/jhre.2023.01.02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Human Rights and the Environment","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4337/jhre.2023.01.02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
An (un)common remedy to Indigenous communities’ subsistence: revisiting Traditional Knowledge Commons
Indigenous Traditional Knowledge (ITK) has been at the centre of heated debates about patent and intellectual protection for a long time. Efforts to normatively regulate the protection of ITK are imbued by a property-based logic associated most prominently with intellectual property regimes, which focus primarily on its economic value. However, such an approach collides with the spiritual, cultural and sacred character of Indigenous Traditional Knowledge. This article aims to provide an alternative for ITK protection through the revamping of the Traditional Knowledge Commons (TKC) concept. It elucidates those TKC traits beneficial to Indigenous communities and identifies potential challenges associated with TKC implementation. The article highlights instances of successfully enacted TKC as evidence of the economic and social capacity of such communitarian schemes, which can further empower Indigenous communities. Lastly, the article explores the viability of establishing a commons-alike ITK management regime on a global scale given the divergent views and aspirations both of communities providing ITK and potential ITK users.
期刊介绍:
The relationship between human rights and the environment is fascinating, uneasy and increasingly urgent. This international journal provides a strategic academic forum for an extended interdisciplinary and multi-layered conversation that explores emergent possibilities, existing tensions, and multiple implications of entanglements between human and non-human forms of liveliness. We invite critical engagements on these themes, especially as refracted through human rights and environmental law, politics, policy-making and community level activisms.