Traditional Knowledge at the WCMF Work Guidelines Waswanipi Cree Forest Model.

Traditional Knowledge Traditional Knowledge at the WCMFat the WCMF

Work GuidelinesWork Guidelines

Waswanipi Cree Forest ModelWaswanipi Cree Forest Model


EXISTENCEEXISTENCE

VALUEVALUE

PROTECTIONPROTECTION

EXPLOITATIONEXPLOITATION

Goals to achieveGoals to achieve

Awareness about the:Awareness about the: Existence of Cree-KnowledgeExistence of Cree-Knowledge Value of CKValue of CK WCFM’s need to Protect the CKWCFM’s need to Protect the CK WCFM’s right to Exploit the CKWCFM’s right to Exploit the CK

Links to other goals of the Links to other goals of the main WCMF’s projectmain WCMF’s project


EXISTENCEEXISTENCE

VALUEVALUE



EXISTENCE of EXISTENCE of Cree Knowledge

People have to get aware of their People have to get aware of their possessionpossession of it because when it of it because when it comes naturally with their lifestyle they comes naturally with their lifestyle they do not realize what they own do not realize what they own

How to achieve this awareness?How to achieve this awareness? Make them verbalize their Uses and Make them verbalize their Uses and

Practices Practices (link to the PP presentation: 1. Traditional Knowledge, Research and Intellectual Property)

Repository of old & new CK-related tools Repository of old & new CK-related tools Where to look for CK expressions?Where to look for CK expressions?


EXISTENCEEXISTENCE

VALUEVALUE



Where to look for CK Where to look for CK expressions?expressions?

KnowledgeKnowledge is an intangible, inmaterial is an intangible, inmaterial assetasset It is expressed through products and It is expressed through products and

practicespractices Beliefs, expertiseBeliefs, expertise Behaviours !!!!!Behaviours !!!!!

Ask a Cree folk to tell one day life…Ask a Cree folk to tell one day life… Food, clothes, entertainments, dutiesFood, clothes, entertainments, duties Tally the environment where CK Tally the environment where CK

expressions take place expressions take place (you will need this info to protect CK)

Perhaps there are manifestations Perhaps there are manifestations according to age, gender, status, etc.according to age, gender, status, etc.

SEE ALSO A RELATED ISSUE...



EXISTENCEEXISTENCE

VALUEVALUE



VALUE of the VALUE of the Cree Cree KnowledgeKnowledge

People have to realize the People have to realize the significancesignificance of of what they naturally ownwhat they naturally own

Some Some accountabilityaccountability is needed is needed List the List the advicesadvices and and datadata you already you already

delivered to outsiders (check the past delivered to outsiders (check the past projects)projects)

List the books, documents, reports made List the books, documents, reports made about the Cree Peopleabout the Cree People

Classify the info gotten from those lists: Classify the info gotten from those lists: CK, Taken from (without identified Cree CK, Taken from (without identified Cree

sources)sources) CK, Given by (with expressed Cree sources)CK, Given by (with expressed Cree sources) (you will need this info to protect CK and check if PIC was

appropriately obtained)


EXISTENCEEXISTENCE

VALUEVALUE



Accountability. Accountability. AdvicesAdvices Realize there is important CK in the Realize there is important CK in the

advicesadvices given to outsiders, such as: given to outsiders, such as: How to behave yourself in the glace How to behave yourself in the glace How to identify risksHow to identify risks How to estimated the growing up, feed, How to estimated the growing up, feed,

decadence of animals, plantsdecadence of animals, plants Where to locate speciesWhere to locate species

Warning: I cannot estimate many issues because I did not spend enough time among you and the bibliography is not enough in this case

These These advicesadvices (as a specific asset) need (as a specific asset) need to be emphasized -as such- in the deals to be emphasized -as such- in the deals and contractsand contracts


EXISTENCEEXISTENCE

VALUEVALUE



Accountability. Accountability. DataData

Realize what Realize what datadata have been delivered have been delivered through products, practices, services, infothrough products, practices, services, info

The main mistake to be avoided at this The main mistake to be avoided at this point is to merge the point is to merge the ideaidea (knowledge) (knowledge) with its concrete with its concrete manifestationmanifestation (product (product or service)or service) Check when you delivery Check when you delivery datadata if you do so if you do so

with the product (service, info, practice, etc.) orwith the product (service, info, practice, etc.) or with the knowledge to do sowith the knowledge to do so

These These datadata are -as it was said in the are -as it was said in the case of the advices- a specific asset to case of the advices- a specific asset to be individualized by itselfbe individualized by itself..


EXISTENCEEXISTENCE

VALUEVALUE



PROTECTION of the PROTECTION of the Cree Cree KnowledgeKnowledge

Realize that to Realize that to protect, protect, means several things:means several things: Preserve Preserve dynamically dynamically Develop Develop within patrons within patrons Dispose it overpoweringly : Dispose it overpoweringly :

Prior Informed ConsentPrior Informed Consent Allow others to use it Allow others to use it profitablely profitablely Interdict other to use it Interdict other to use it reasonablyreasonably

Realize that Realize that protective lawsprotective laws may focus on may focus on different objectives different objectives

Anyway it is needed:Anyway it is needed: ConceptualizationConceptualization is needed is needed Lawful entitlement Lawful entitlement Criteria and indicators Criteria and indicators have to be developedhave to be developed


CK is not extinct, CK is not a piece of museum


EXISTENCEEXISTENCE

VALUEVALUE



Prior Informed Consent-PICPrior Informed Consent-PIC

saying “saying “YesYes” is not enough to bind ” is not enough to bind the partiesthe parties

full informationfull information – – deliberationdeliberation – – assessmentassessment - - proper making proper making decisiondecision are needed are needed

those steps are the those steps are the previousprevious steps steps of the agreement; of the agreement;

without them neither the consent, nor without them neither the consent, nor the disposition are valid.the disposition are valid.

IN BRIEF... (click here)

PRIOR INFORMED CONSENT

indicates that the information must come before approval for access or for other uses the knowledge is given

means that it is provided information on: how the resource and/or knowledge will be used; the implications of that use and the benefits (and risks) that it will truly report to the community

means permission to use the resource or knowledge, in the agreed terms


EXISTENCEEXISTENCE

VALUEVALUE



ConceptualizationConceptualization

DefinitionDefinition choice an appropriate term, or choice an appropriate term, or

terms, to describe the subject terms, to describe the subject matter; matter;

identification or description the identification or description the subject matter to be covered by subject matter to be covered by the term or terms selectedthe term or terms selected

determination of the scope of the determination of the scope of the subject matter to be granted legal subject matter to be granted legal protectionprotection

(It will be necessary for (It will be necessary for Registration))


EXISTENCEEXISTENCE

VALUEVALUE



RegisterRegister

registration of traditional knowledge is a registration of traditional knowledge is a disclosure but not a loss, it builds up disclosure but not a loss, it builds up prior artprior art and prior rights for the traditional and prior rights for the traditional knowledge’s registrantsknowledge’s registrants

registration does not imply registration does not imply commercialization, but this is not safely commercialization, but this is not safely possible without thatpossible without that

registration need a homogenous and registration need a homogenous and determined descriptors system determined descriptors system

registration title may be share between two registration title may be share between two or more registrants (Nations)or more registrants (Nations)

registers may (actually, they should) have registers may (actually, they should) have several classesseveral classes


EXISTENCEEXISTENCE

VALUEVALUE



Prior ArtPrior Art IPR entitlement requests “novelty”IPR entitlement requests “novelty” A person will not be entitled to an IP A person will not be entitled to an IP

right if the subject matter: right if the subject matter: was known or used by otherswas known or used by others was included within any kind of was included within any kind of

registration and publication anywhere in registration and publication anywhere in the worldthe world

Who wants to avoid that someone Who wants to avoid that someone else gets an exclusive IP right on a else gets an exclusive IP right on a specific knowledge/practice, shall specific knowledge/practice, shall attain a attain a defensive disclosuredefensive disclosure easily easily located by IPR examiners to enact located by IPR examiners to enact his/her “prior art”his/her “prior art”


EXISTENCEEXISTENCE

VALUEVALUE



TK - Descriptors TK - Descriptors (for registration)(for registration)

General and common descriptors, such as:General and common descriptors, such as: ClaimerClaimer UsageUsage Gender / Age of the practitionersGender / Age of the practitioners

Specific ones according to the Specific ones according to the categorycategory If If MedicinalMedicinal

Symptoms Symptoms PreparationPreparation DosageDosage Etc.Etc.

If If EnvironmentalEnvironmental If If ArtisticArtistic Etc.Etc.

Back to EXISTENCE


EXISTENCEEXISTENCE

VALUEVALUE



TK - ClassesTK - Classes

The categories determine the The categories determine the knowledge that will be protected knowledge that will be protected and it depends on political and and it depends on political and ethnological circumstances:ethnological circumstances: In India the registration covers In India the registration covers

medicinal practicesmedicinal practices In Panama In Panama textiles stuff textiles stuff In Peru In Peru knowledge & practices knowledge & practices

on biodiversity propertieson biodiversity properties

Back to EXISTENCE


EXISTENCEEXISTENCE

VALUEVALUE



Entitlement Entitlement

Ownership:Ownership: the Cree People and/orthe Cree People and/or the Cree Canadian First Nations and/orthe Cree Canadian First Nations and/or the Cree [Waswanipi] Nation and/orthe Cree [Waswanipi] Nation and/or the Cree Associationsthe Cree Associations

Disposition Disposition legal representation; legal representation; according to:according to: Cree Customary Rules, orCree Customary Rules, or Political institutions, orPolitical institutions, or Cree jurisdictions/Canadian jurisdictionsCree jurisdictions/Canadian jurisdictions


EXISTENCEEXISTENCE

VALUEVALUE



CriteriaCriteria

CategoriesCategories it could be it could be shareableshareable

it could be it could be out of commerceout of commerce (i.e. (i.e. holy Cree knowledgeholy Cree knowledge, its legal possession , its legal possession will be invoked to avoid somebody else will be invoked to avoid somebody else uses it)uses it)

RegisterRegister

Shareable does not automatically mean a commercial or monetary retribution

SEE A RELATED ISSUE...


EXISTENCEEXISTENCE

VALUEVALUE



““Protective” lawsProtective” laws

CK as a human rightCK as a human right ILO 169ILO 169 UN PactsUN Pacts

CK as an assetCK as an asset CBD, 8° j)CBD, 8° j) IPR systems IPR systems (link to the PP presentation: 2. Getting

Cree Knowledge into business)

CK as an environmental valueCK as an environmental value UNEP/Federal & Provincial LawsUNEP/Federal & Provincial Laws

Indians TreatiesIndians TreatiesNote that: The appropriated legal scheme has to be study case by

case according to the goals and objectives to achieve in each case


EXISTENCEEXISTENCE

VALUEVALUE



EXPLOITATION of the EXPLOITATION of the Cree Cree KnowledgeKnowledge

Here, Here, exploitationexploitation means to link CK to means to link CK to a concrete field and a concrete field and an effective exercise of rights.an effective exercise of rights.

The broadly application is as a The broadly application is as a human righthuman right alluded wherever and whenever a human alluded wherever and whenever a human being is reached as a communitarian beingbeing is reached as a communitarian being

However, the more incipient treatment of this However, the more incipient treatment of this issue is being carry out through issue is being carry out through property property on:on: An intangible asset An intangible asset IPRsIPRs An expertise An expertise CertificationCertification

So, the link to consolidate the CK should be So, the link to consolidate the CK should be through a business development through a business development (link to the PP presentation: 3. The Animals of the bush know our names. Isaiah Dixon)


EXISTENCEEXISTENCE

VALUEVALUE



CK as an IPR categoryCK as an IPR category

IPRs IPRs (Intellectual (Intellectual Property Rights Property Rights Systems)Systems) PatentsPatents Utility modelsUtility models Industrial designsIndustrial designs Trade marksTrade marks Breeders’ rightBreeders’ right Copyright Copyright

Know how Know how Trade SecretsTrade Secrets

New IPR category:New IPR category:

Traditional KnowledgeTraditional Knowledge

Disciplined workDisciplined work

Advocay Advocay


EXISTENCEEXISTENCE

VALUEVALUE



Cree CertificationCree Certification

Criteria for "product/service Criteria for "product/service certification" of materials with cultural certification" of materials with cultural content should be established and content should be established and implemented. implemented.

A Cree Certification Board should be A Cree Certification Board should be established established to oversee the management of CK’s to oversee the management of CK’s

Products & Services. Products & Services. to examine the production and utilization to examine the production and utilization

of cultural knowledge. of cultural knowledge. to grant a “Stamp of Approval” for to grant a “Stamp of Approval” for

certified Cree Products & Servicescertified Cree Products & Services

Back to PROTECTION


EXISTENCEEXISTENCE

VALUEVALUE



A A Cree Knowledge projectCree Knowledge project within the WCMF…within the WCMF…

If it is decided that the basic structure of the WCMF If it is decided that the basic structure of the WCMF is available to start a project like this one, it will be is available to start a project like this one, it will be needed to appoint:needed to appoint: Human resourcesHuman resources Equipment Equipment Time tablesTime tables Links to the actual WCMF’s schedulesLinks to the actual WCMF’s schedules

Some recent attempts have to be analyzed:Some recent attempts have to be analyzed: PhilippinesPhilippines PeruPeru IndiaIndia PanamaPanama ArgentinaArgentinaEach one corresponds to a different political and Each one corresponds to a different political and

ethnological scenario so some could be adopted and ethnological scenario so some could be adopted and others avoided!!others avoided!!

Traditional Knowledge at the WCMF Work Guidelines Waswanipi Cree Forest Model.

Documents

knowledge existence

ck expressions

cree people

cree knowledge people

expressed cree sources

ck links

important ck

cree folk