Dissertation

Direitos negados, patrimônios roubados

Desafios para a proteção dos conhecimentos tradicionais, dos recursos genéticos e das expressões culturais tradicionais dos povos indígenas no cenário internacional

Author

L.F.I. Belfort

Date

14 November 2023

Links

The publication in Open Access

The text deals with the protection of indigenous peoples' cultural heritage in the context of the United Nations, with an emphasis on traditional knowledge, genetic resources and traditional cultural expressions as one of the challenges of contemporary law. The incorporation of rights already recognised in multilateral treaties on human rights, culture and biodiversity into the intellectual property system has been the demand of Indigenous Peoples in the discussion process underway in the World Intellectual Property Organisation's Intergovernmental Committee on Intellectual Property and Traditional Knowledge, Genetic Resources and Folklore since 2000. The topic is analysed from the perspective of indigenous peoples, as collective subjects of international rights, authors, inventors and improvers, with the capacity to create and innovate using technologies that are continuously improved in their collective context. The work examines the contemporary challenges of balancing the rights of indigenous peoples and the large commercial interests involved in granting exclusive intellectual property rights. The thesis analyses, from the contexts of different indigenous peoples, the suitability of existing tools in the intellectual property system to prevent the erroneous granting of intellectual property rights and to prevent the misappropriation of the elements that integrate the cultural heritage of indigenous peoples.