Author: Alyssa Gaffen, Meika Ellis, Jeremy de Beer, and Adam Soliman
By Alyssa Gaffen, Meika Ellis, Jeremy de Beer, and Adam Soliman -- Is intellectual property (IP) gender neutral? No, it isn’t. Neither is the dominant discourse of innovation. Recognizing the bias is the first step toward remedying it.
Professor Jane Bailey is a co-editor, alongside Karim Benyehklef, Jacquelyn Burkell and Fabien Gelinas, of a new book entitled eAccess to Justice, published by uOttawa Press. It is part of a new series on law and technology and is available for free download.
By Prof. Chidi Oguamanam – Between September 19 and 23, 2016, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) commenced the first of a two-part negotiation over a potential instrument for the effective protection of traditional knowledge (TK), pursuant to its mandate for the 2016-2017 biennium. In the summer, the IGC concluded negotiations on Genetic Resources (GRs) with an advanced draft text on the subject in accordance with the committee’s strategic decision to split its negotiations into three streams: TK, GRs and Traditional Cultural Expression (TCEs) with a view to generating three draft treaty instruments. The tripartite nature of the IGC negotiating documents are without prejudice to their likely future consolidation into a single treaty instrument should the WIPO General Assembly ultimately so decide.
CIPPIC, the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, and Citizen Lab are releasing a report, "Gone Opaque? An Analysis of Hypothetical IMSI Catcher Overuse in Canada", which examines the use of devices that are commonly referred to as ‘cell site simulators’, ‘IMSI Catchers’, ‘Digital Analyzers’, or ‘Mobile Device Identifiers’, and under brand names such as ‘Stingray’, DRTBOX, and ‘Hailstorm’. IMSI Catchers are a class of of surveillance devices used by Canadian state agencies. They enable state agencies to intercept communications from movie devices and are principally used to identify otherwise anonymous individuals associated with a mobile device and track them.
Traditional knowledge (TK) often helps researchers to locate, understand, and usefully apply genetic resources extracted from plants and animals. In some cases, TK provides the basis for cartographic insights and data on a wide range of otherwise inaccessible information. However, one of the sources of disquiet about TK is the perception that it is sometimes taken without permission, or when permission is given, TK may be used in a manner inconsistent with the expectations or wishes of the community. Even when researchers are working with Indigenous communities in good faith, there remains the risk of a misunderstanding or unintended misuse of the knowledge that can damage trust, build suspicion, and even cause economic, environmental, or other harm to the community.
The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge.
This talk looks back at what we've learned from past attempts to secure these systems, and forward at what technologies, laws, regulations, economic incentives, and social norms we need to secure them in the future.