Additional Information

Available Through

The University of Chicago Press Journals

Language

English

Notes

Abstract: Rights to intellectual property have become a major issue in ethnobotany and many other realms of research involving Indigenous 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 research and what they represent in a contemporary sociocultural context, examines ownership issues, assesses the level of protection of these products provided by existing legislation, and discusses the potential of current intellectual property protection mechanisms to augment cultural heritage protection for Indigenous communities.

Additional tags: intellectual property rights; Indigenous communities; cultural heritage protection; ethnobotany

Taxonomies

RPA Codes & Standards

• Appropriate Dissemination of Research
• Archaeologist's Responsibility to the Public
• Integrity of Research Methodology

CIfA Codes

• Principle 1: Adherence to ethical and responsible behaviour in archaeological affairs
• Principle 2: Responsibility for the conservation of the historic environment
• Principle 3: Responsibility for acquiring and recording reliable information of the past in archaeological research
• Principle 4: Responsibility for the availability of archaeological results within reasonable dispatch
• Principle 5: Recognition of aspirations of employees, colleagues and helpers in all matters of employment

Keywords & Terms

• Academic Integrity and/or Plagiarism
• Adequate and Responsible Reporting, Publication, and Dissemination
• Consultation/Partnership with Indigenous Peoples
• Indigenous, Tribal, Aboriginal Rights
• Intellectual Property
• Local, State, Federal, and Tribal Laws
• Management of Cultural Resources, Heritage, History
• Ownership
• Professional Standards
• Respect for and Responsibility to Affected Groups
• Standards of Data Collection, Recordation, Analysis

Topics & Issues

• Ethical Case Studies
• Indigenous Archaeology: Perspectives and Issues
• Intellectual Property Rights
• Legislation and Archaeological Preservation
• NAGPRA, Repatriation, and Indigenous Rights
• Professionalism and Professional Standards