This paper offers an analysis of the collisions between Indigenous (Australian) normative systems on intangible resources and the Western intellectual property regimes. This study focuses prominently on Yolngu people of North-East Arnhem Land. The first part of the paper tackles the ‘inter-ethnic’ use of a specific notion: ‘tjuringa’. This is an Indigenous Australian term adopted by Western legal language to identify those Indigenous sacred objects that incorporate native knowledge. This concept provides for a key interpretive tool to understand the ‘cosmological’ connections that articulate the Indigenous Australian understanding of the production of their knowledge and their cultural objects. The second part of the paper outlines the standard structure of a Yolngu knowledge system, that is the Indigenous normative regime governing the creation and the management of the Yolngu knowledge. The third and last part of the paper explains what issues prevent an interpretation of tjuringa as intellectual property objects.
Copyright and Tjuringa: Can Australian "Dreaming" be Owned? / R. Mazzola - In: Challenges to indigenous political and socio-economic participation: Natural Resources, Gender, Education and Intellectual Property = Desafíos de los pueblos indígenas en su participación política y socio-económica: recursos naturales, género, educación y propiedad intelectual / [a cura di] A. Tomaselli, M. Rosti, R. Cammarata, C. Scardozzi. - Prima edizione. - [s.l] : Eurac Research, 2017. - ISBN 9788898857340. - pp. 393-411
Copyright and Tjuringa: Can Australian "Dreaming" be Owned?
R. Mazzola
2017
Abstract
This paper offers an analysis of the collisions between Indigenous (Australian) normative systems on intangible resources and the Western intellectual property regimes. This study focuses prominently on Yolngu people of North-East Arnhem Land. The first part of the paper tackles the ‘inter-ethnic’ use of a specific notion: ‘tjuringa’. This is an Indigenous Australian term adopted by Western legal language to identify those Indigenous sacred objects that incorporate native knowledge. This concept provides for a key interpretive tool to understand the ‘cosmological’ connections that articulate the Indigenous Australian understanding of the production of their knowledge and their cultural objects. The second part of the paper outlines the standard structure of a Yolngu knowledge system, that is the Indigenous normative regime governing the creation and the management of the Yolngu knowledge. The third and last part of the paper explains what issues prevent an interpretation of tjuringa as intellectual property objects.File | Dimensione | Formato | |
---|---|---|---|
Copyright_and_Tjuringa_Can_Australian_Dr-394-412.pdf
accesso riservato
Tipologia:
Publisher's version/PDF
Dimensione
168.7 kB
Formato
Adobe PDF
|
168.7 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.