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Copyrighting The Past? Emerging Intellectual Property Rights Issues In Archaeology1, George P. Nicholas, Kelly P. Bannister

Aboriginal Policy Research Consortium International (APRCi)

Rights to intellectual property have become a major issue in eth- nobotany and many other realms of research involving Indige- nous communities. This paper examines intellectual-property- rights-related issues in archaeology, including the relevance of such rights within the discipline, the forms these rights take, and the impacts of applying intellectual property protection in archaeology. It identifies the “products” of archaeological re- search and what they represent in a contemporary sociocultural context, examines ownership issues, assesses the level of protec- tion of these products provided by existing legislation, and dis- cusses the potential of current intellectual property protection mechanisms to augment …