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Indigenous, Indian, and Aboriginal Law
Cultural property;intellectual property;cultural property rights;intellectual property rights;cultural appropriation;intellectual appropriation;traditional Indigenous knowledge;international law;international legal protections;intangible intellectual property; traditional ecological knowledge;TEK;model tribal code;Indigenous;tribal law
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Full-Text Articles in Law
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
Tribal Law Journal
The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …