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Cape Bojeador Lighthouse

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Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples , and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history . In Australia, the term Indigenous cultural and intellectual property , abbreviated as ICIP , is commonly used.

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73-596: Cape Bojeador Lighthouse , also known as Burgos Lighthouse , is a cultural heritage structure in Burgos , Ilocos Norte , that was established during the Spanish colonial period in the Philippines. The lighthouse was first lit on March 30, 1892, and is set high on Vigia de Nagpartian Hill overlooking the scenic Cape Bojeador where early galleons used to sail by. After over 100 years, it still functions and serves ships that enter

146-662: A country's tourist industry , attracting many visitors from abroad as well as locally. Heritage can also include cultural landscapes (natural features that may have cultural attributes). Aspects of the preservation and conservation of natural heritage include: Digital heritage is made up of computer-based materials such as texts, databases, images, sounds and software being retained for future generations. Digital heritage includes physical objects such as documents which have been digitized for retention and artifacts which are "born digital", i.e. originally created digitally and having no physical form. There have been examples of respect for

219-470: A form of intellectual property and that traditional knowledge is a form of intellectual property, but they are collective resources – so not any one individual can give away the rights to those resources. The tribal nations actually own them collectively. A term used especially in Australia is "Indigenous cultural and intellectual property", abbreviated as ICIP with the term cultural heritage often applying to

292-437: A high-precision digital reference model that not only digitizes condition but also provides a 3D virtual model for replication. The high cost and relative complexity of 3D scanning technologies have made it quite impractical for many heritage institutions in the past, but this is changing, as technology advances and its relative costs are decreasing to reach a level where even mobile based scanning applications can be used to create

365-507: A modern electric lamp powered by solar panels . The light before was provided by pressurized kerosene lamps very much like "Coleman lamps". In 2005, the old pressure vessels and wicks for the light could still be found in the shed. Cape Bojeador Lighthouse was declared a National Historical Landmark on August 13, 2004, and a National Cultural Treasure on June 20, 2005, by the Philippine government. Cultural heritage Cultural heritage

438-614: A particular group of people. Naturally, intangible cultural heritage is more difficult to preserve than physical objects. Aspects of the preservation and conservation of cultural intangibles include: " Natural heritage " is also an important part of a society's heritage, encompassing the countryside and natural environment, including flora and fauna , scientifically known as biodiversity , as well as geological elements (including mineralogical, geomorphological, paleontological, etc.), scientifically known as geodiversity . These kinds of heritage sites often serve as an important component in

511-515: A special program called the National Digital Library Program . The Smithsonian has also been actively digitizing its collection with the release of the "Smithsonian X 3D Explorer," allowing anyone to engage with the digitized versions of the museum's millions of artifacts, of which only two percent are on display. 3D scanning devices have become a practical reality in the field of heritage preservation. 3D scanners can produce

584-557: A specific work, rather than a style – can be problematic. Indigenous customary law often treats such concepts differently, and may apply restrictions upon the use of underlying styles and concepts. A number of Native American and First Nations communities have issued tribal declarations over the past 35 years. In the lead up to and during the UN International Year for the World's Indigenous Peoples (1993), then during

657-596: A subsequent generation. Significant was the Convention Concerning the Protection of World Cultural and Natural Heritage that was adopted by the General Conference of UNESCO in 1972. As of 2011, there are 936 World Heritage Sites : 725 cultural, 183 natural, and 28 mixed properties, in 153 countries. Each of these sites is considered important to the international community. The underwater cultural heritage

730-472: A technological solution that is able to acquire the shape and the appearance of artifacts with unprecedented precision in human history, the actuality of the object, as opposed to a reproduction, draws people in and gives them a literal way of touching the past. This poses a danger as places and things are damaged by the hands of tourists, the light required to display them, and other risks of making an object known and available. The reality of this risk reinforces

803-656: A virtual museum. There is still a low level of digital archiving of archaeological data obtained via excavation, even in the UK where the lead digital archive for archaeology, the Archaeology Data Service , was established in the 1990s. Across the globe, countries are at different stages of dealing with digital archaeological archives, all dealing with differences in statutory requirements, legal ownership of archives and infrastructure. Indigenous intellectual property There have been various efforts made since

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876-576: Is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity Indigenous intellectual property rights relate to the legal rights to protect specific such property, which includes cultural knowledge of their groups, aspects of their cultural heritage in the visual arts , literature , and performing arts , as well as science and traditional medicines . It may include knowledge held in oral history . International bodies such as

949-555: Is done at the national, regional, or local levels of society. Various national and regional regimes include: National Heritage Conservation Commission National Museums Board Broad philosophical, technical, and political issues and dimensions of cultural heritage include: Issues in cultural heritage management include: Ancient archaeological artefacts and archaeological sites are naturally prone to damage due to their age and environmental conditions. Also, there have been tragic occurrences of unexpected human-made disasters, such as in

1022-926: Is made within the Indigenous Peoples Earth Charter to perceived abuses of Indigenous people's intellectual and cultural properties. Under the heading, "Culture, Science and Intellectual Property", among other matters, it is asserted: 99 : The usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples... 102 : As creators and carriers of civilizations which have given and continue to share knowledge, experience, and values with humanity, we require that our right to intellectual and cultural properties be guaranteed and that mechanisms for each be in favour of our peoples... 104 : The protection, norms and mechanism of artistic and artisan creation of our peoples must be established and implemented in order to avoid plunder, plagiarism, undue exposure, and use... At

1095-626: Is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft. At the United Nations General Assembly's 61st session, on 13 September 2007, an overwhelming majority of members resolved to adopt the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), a legally non-binding resolution delineating and defining

1168-464: Is of benefit to all humanity; recognised Indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; insisted the first beneficiaries of Indigenous knowledge must be the direct Indigenous descendants of such knowledge; and declared all forms of exploitation of Indigenous knowledge must cease. Under Section 2 of their declaration,

1241-420: Is often used in connection with issues relating to the protection of Indigenous intellectual property . The deliberate action of keeping cultural heritage from the present for the future is known as preservation (American English) or conservation (British English), which cultural and historical ethnic museums and cultural centers promote, though these terms may have more specific or technical meanings in

1314-496: Is our understanding this is not a proper process, that the authority to carry these sacred objects is given by the people... The first international congress of the International Society of Ethnobiology involving scientists, environmentalists and Indigenous peoples met at Belém , Brazil . They identified themselves collectively as ethnobiologists , and announced that (amongst other matters) since "Indigenous cultures around

1387-581: Is protected by the UNESCO Convention on the Protection of the Underwater Cultural Heritage . This convention is a legal instrument helping state parties to improve the protection of their underwater cultural heritage. In addition, UNESCO has begun designating masterpieces of the Oral and Intangible Heritage of Humanity . The Committee on Economic, Social and Cultural Rights sitting as part of

1460-493: Is strictly prohibited. In 1994 a number of Native American tribal organizations demanded that museums remove certain materials from exhibition and access to the public. They cited the Native American Graves Protection and Repatriation Act (NAGPRA) as the legal basis for these complaints. Their position was that they would only permit such uses selectively and with express permission of the living relatives of

1533-562: Is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society. Cultural heritage includes tangible culture (such as buildings, monuments , landscapes, archive materials, books, works of art, and artifacts), intangible culture (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscapes, and biodiversity ). The term

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1606-609: Is to save lives and also to save the stones -- there is no choice to be made, because today both are destroyed. Classical civilizations, especially Indian, have attributed supreme importance to the preservation of tradition. Its central idea was that social institutions, scientific knowledge, and technological applications need to use a "heritage" as a "resource". Using contemporary language, we could say that ancient Indians considered, as social resources, both economic assets (like natural resources and their exploitation structure) and factors promoting social integration (like institutions for

1679-581: Is used: at present the international system does not recognise or respect our past, present and potential contribution... Seek[s] repatriation of Indigenous peoples [cultural] resources already held in external collections, and seek[s] compensation and royalties from commercial developments resulting from these resources [Seek to] Strengthen the capacities of Indigenous peoples to maintain their oral traditions, and encourage initiatives by Indigenous peoples to record their knowledge... according to their customary access procedures. Indigenous people from around

1752-511: The Competition and Consumer Act 2010 , which was successfully tested in a 2019 court action against Birubi Art for concealing the fact that their "Aboriginal" artefacts for sale were made in Indonesia, and not by Aboriginal artists. The Federal Court of Australia ruled against the company on the basis that it had made misleading Indigenous art claims. However, there are significant omissions in

1825-546: The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict was signed in 1954. Protection of cultural heritage or protection of cultural goods refers to all measures aimed at protecting cultural property against damage, destruction, theft, embezzlement, or other loss. The term "monument protection" is also used for immovable cultural property. Protection of cultural heritage relates in particular to

1898-749: The Northern Cheyenne Reservation in Montana , and issued the Resolution of the 5th Annual Meeting of the Traditional Elders Circle, resolving that: These [non-Native] individuals are gathering non-Indian people as followers who believe they are receiving instructions of the original people. We, the Elders and our representatives sitting in Council, give warning to these non-Indian followers that it

1971-585: The UN , United Nations peacekeeping , UNESCO , the International Committee of the Red Cross and Blue Shield International . The protection of cultural heritage should also preserve the particularly sensitive cultural memory, the growing cultural diversity, and the economic basis of a state, a municipality, or a region. Whereby there is also a connection between cultural user disruption or cultural heritage and

2044-537: The United Nations Economic and Social Council with article 15 of its Covenant had sought to instill the principles under which cultural heritage is protected as part of a basic human right. Key international documents and bodies include: The U.S. Government Accountability Office issued a report describing some of the United States' cultural property protection efforts. Much of heritage preservation work

2117-763: The World Intellectual Property Organization (WIPO), as part of a broader effort by the United Nations (UN) to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment, based on legal theories holding them to be inadequately covered by Western law. Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge

2190-522: The Arts was published by the Australia Council for the Arts , in 2002, with a revised edition published in 2007. A new edition was authored by Terri Janke in 2019. The document aims to help to provide protection of traditional knowledge by recognizing and engendering respect for customary practice, providing case studies spanning a wide variety of creations in the arts, and cites ten principles contained in

2263-568: The Lakota Summit V, an international gathering of US and Canadian Lakota, Dakota and Nakota Nations, about 500 representatives from 40 different tribes and bands of the Lakota unanimously passed a "Declaration of War Against Exploiters of Lakota Spirituality". Representatives affirmed a zero-tolerance policy on the exploitation of Lakota, Dakota and Nakota ceremonial knowledge: Whereas we are conveners of an ongoing series of comprehensive forums on

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2336-530: The Mātaatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples, they specifically ask state, national and international agencies to: 2.1 : Recognise that Indigenous peoples are the guardians of their customary knowledge and have the right to protect and control dissemination of that knowledge. 2.2 : Recognise that Indigenous peoples also have the right to create new knowledge based on cultural tradition. 2.3 : Accept that

2409-453: The Philippine archipelago from the north and guide them safely away from the rocky coast of the town. The light marks the northwesternmost point in Luzon . The northeasternmost being Cape Engaño Lighthouse on Palaui Island , Santa Ana , Cagayan . The 66-foot-tall (20 m) octagonal stone tower, the most prominent structure in the vicinity, can be seen from as far away as Pasuquin town in

2482-512: The Rights of Indigenous Peoples (UNDRIP), signed by 144 countries in 2007, includes several clauses relating specifically to the protection of intellectual property of Indigenous peoples. Disputes around indigenous property include several cases involving the Māori people of New Zealand. Indigenous intellectual property is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has been promoted by

2555-758: The UN have become involved in the issue, making more specific declarations that intellectual property also includes cultural property such as historical sites, artifacts, designs, language, ceremonies, and performing arts in addition to artwork and literature. Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving Indigenous peoples' individual and communal intellectual property rights largely unprotected. The Native American Rights Fund (NARF) has set out several goals around treaty law and intellectual property, with board member Professor Rebecca Tsosie stressing

2628-702: The White Mountain Apache Tribe have also asked for the return of Puebloan artifacts and bodies that were taken off of their land by various collectors overtime. A regional meeting was held at Santa Cruz de la Sierra , Bolivia , where Indigenous peoples from South America concerned about the way internationally prevailing intellectual property systems and regimes appeared to be favouring the appropriation of Indigenous peoples' knowledge and resources for commercial purposes, agreed in their Santa Cruz de la Sierra Statement on Intellectual Property: For members of indigenous peoples, knowledge and determination of

2701-402: The [cultural] resources of our communities or peoples and making it possible to contest patents or other exclusive rights to what is essentially Indigenous. Indigenous people of Asia met at Tambunan , Sabah , East Malaysia , to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. It

2774-859: The abuse and exploitation of Lakota spirituality;... 6. We urge traditional people, tribal leaders, and governing councils of all other Indian Nations, as well as all national Indian organizations, to join us in calling for an immediate end to this rampant exploitation of our respective American Indian sacred traditions by issuing statements denouncing such abuse; for it is not the Lakota, Dakota and Nakota people alone whose spiritual practices are being systematically violated by non-Indians. On 18 June 1993, 150 delegates from fourteen countries, including Indigenous representatives from Japan ( Ainu ), Australia, Cook Islands , Fiji , India, Panama , Peru , Philippines , Suriname , United States and Aotearoa (New Zealand) met at Whakatane ( Bay of Plenty region of New Zealand). The assembly affirmed Indigenous peoples' knowledge

2847-468: The aim of revising the declaration (which was never ratified) and adopting a convention. The Hague Conventions of 1899 and 1907 also significantly advanced international law and laid down the principle of the immunity of cultural property. Three decades later, in 1935, the preamble to the Treaty on the Protection of Artistic and Scientific Institutions ( Roerich Pact ) was formulated. On the initiative of UNESCO,

2920-409: The area. The octagonal tower is topped with a bronze cupola , and the viewing gallery is surrounded by decorative iron grill works. The lighthouse was originally fitted with first-order Fresnel lens . The intense earthquake of 1990 that hit most of Luzon damaged the lenses and displaced the mechanism alignment of the original first-order apparatus, making it inoperable. The beam now comes from

2993-684: The cases of a fire that took place in the 200 years old National Museum of Brazil and the UNESCO World Heritage Site of the Notre Dame Cathedral in Paris. Therefore, there is a growing need to digitize cultural heritage in order to preserve them in the face of potential calamities such as climate change, natural disaster, poor policy or inadequate infrastructure. For example, the Library of Congress has started to digitize its collections in

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3066-409: The cause of flight. But only through fundamental cooperation, including the military units and the planning staff, with the locals can the protection of world heritage sites, archaeological finds, exhibits, and archaeological sites from destruction, looting, and robbery be implemented sustainably. The founding president of Blue Shield International Karl von Habsburg summed it up with the words: "Without

3139-494: The cultural and intellectual property rights of Indigenous peoples are vested with those who created them. The Julayinbul Statement on Indigenous Intellectual Property Rights arose out of a meeting of Indigenous and non-Indigenous specialists, who, at Jingarrba , in north-eastern Australia, agreed Indigenous intellectual property rights are best determined from within the customary laws of the Indigenous groups' themselves. Within

3212-450: The cultural assets of enemies since ancient times. The roots of today's legal situation for the precise protection of cultural heritage also lie in some of the regulations of Austria's ruler Maria Theresa (1717 - 1780) and the demands of the Congress of Vienna (1814/15) not to remove works of art from their place of origin in the war. The 1863 Lieber code , a military legal code governing

3285-558: The declaration, Indigenous customary laws are (re)named 'Aboriginal common laws', and it is insisted these laws must be acknowledged and treated as equal to any other systems of law: Aboriginal intellectual property, within Aboriginal Common Law, is an inherent, inalienable right which cannot be terminated, extinguished, or taken... Any use of the intellectual property of Aboriginal Nations and Peoples may only be done in accordance with Aboriginal Common Law, and any unauthorised use

3358-572: The execution of the lighthouses in the northern and western part of the Philippines and those around Iloilo and Cebu. The 16.3 m tall Faro de Cabo Bojeador was first lit on March 30, 1892. The lighthouse was first designed by Magin Pers y Perswho in 1887 and was finished by the Lighthouse Service under Guillermo Brockman. Its design is typical of Spanish colonial lighthouses in the Philippines, being of masonry made with bricks widely used and produced in

3431-525: The fact that all artifacts are in a constant state of chemical transformation so that what is considered to be preserved is actually changing – it is never as it once was. Similarly changing is the value each generation may place on the past and on the artifacts that link it to the past. The equality or inseparability of cultural preservation and the protection of human life has been argued by several agencies and writers, for example, former French president François Hollande stated in 2016 Our responsibility

3504-599: The following UN Decade of the World's Indigenous Peoples (1995–2004), a number of conferences of both Indigenous and non-Indigenous specialists were held in different parts of the world, resulting in a number of unified declarations and statements identifying, explaining, refining, and defining "indigenous intellectual property" though the legal weight of most has yet to be tested. Since the 1970s, inter-tribal groups in North American have organized demonstrations against non-Native use of Native American cultural elements, such as

3577-408: The future. These include objects significant to the archaeology, architecture, science, or technology of a specified culture. Aspects and disciplines of the preservation and conservation of tangible culture include: "Intangible cultural heritage" consists of non-physical aspects of a particular culture, more often maintained by social customs during a specific period in history. The concept includes

3650-624: The human remains and grave goods the museums wished to exhibit. Vernon Masayesva, CEO of the Hopi Tribe, and a consortium of Apache tribes demanded a number of American museums end all public exhibition of, and access to, materials from their tribal cultures; including "images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished." Many Apache tribes such as

3723-475: The importance of these property rights being held collectively, not by individuals: The long-term goal is to actually have a legal system , and certainly a treaty could do that, that acknowledges two things. Number one, it acknowledges that Indigenous peoples are peoples with a right to self-determination that includes governance rights over all property belonging to the Indigenous people. And, number two, it acknowledges that Indigenous cultural expressions are

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3796-776: The independent countries and "nonautonomous colonised territories" of the Pacific region met in Suva , Fiji , to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives (above). In their statement, the Suva Statement on Indigenous Peoples Knowledge and Intellectual Property Rights, participants: Declare[d] Indigenous peoples are willing to share our knowledge with humanity provided we determine when, where and how it

3869-461: The individual and collective rights of Indigenous peoples. 144 states voted in favour, 4 against (Australia, Canada, New Zealand and the United States) and 11 countries abstained . The four dissenting countries reversed their positions some years later. Some of UNDRIP's clauses relate to intellectual property of Indigenous peoples. The Declaration recognizes "the urgent need to respect and promote

3942-408: The inherent rights of Indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies...;" reaffirms "...that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples..." and proclaims as an agreed standard for member nations around

4015-611: The integration of United Nations peacekeeping . Cultural property includes the physical, or "tangible" cultural heritage, such as artworks. These are generally split into two groups of movable and immovable heritage. Immovable heritage includes buildings (which themselves may include installed art such as organs, stained glass windows, and frescos), large industrial installations, residential projects, or other historic places and monuments . Moveable heritage includes books, documents, moveable artworks, machines, clothing, and other artifacts, that are considered worthy of preservation for

4088-451: The late 20th century towards providing some kind of legal protection for indigenous intellectual property in colonized countries, including a number of declarations made by various conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO) was created in 1970 to promote and protect intellectual property across the world by cooperating with countries as well as international organizations. The UN 's Declaration on

4161-421: The legal framework, including: There is also no law that prevents the misuse, distortion or alteration of ICIP that is communally owned ( Indigenous communal moral rights , or ICMR ). Because of the lack of complete protection by the legislative framework, some sectors and organisations have set up their own protocols: The first edition of Protocols for using First Nations Cultural and Intellectual Property in

4234-498: The local community and without the local participants, that would be completely impossible". Objects are a part of the study of human history because they provide a concrete basis for ideas, and can validate them. Their preservation demonstrates a recognition of the necessity of the past and of the things that tell its story. In The Past is a Foreign Country , David Lowenthal observes that preserved objects also validate memories . While digital acquisition techniques can provide

4307-412: The preservation of knowledge and for the maintenance of civil order). Ethics considered that what had been inherited should not be consumed, but should be handed over, possibly enriched, to successive generations. This was a moral imperative for all, except in the final life stage of sannyasa . What one generation considers "cultural heritage" may be rejected by the next generation, only to be revived by

4380-425: The prevention of robbery digs at archaeological sites, the looting or destruction of cultural sites and the theft of works of art from churches and museums all over the world and basically measures regarding the conservation and general access to our common cultural heritage. Legal protection of cultural heritage comprises a number of international agreements and national laws. There is a close partnership between

4453-548: The recently erected modern tower at the Apo Reef Light Station rises to a height of 110 feet (34 m). The Cape Bojeador lighthouse was part of the Spanish government's 1857 master plan of illuminating the Philippine archipelago, Plan General de Alumbrado de Maritimo de las costas del Archipelago de Filipino , administered by Inteligencia del Cuerpo de Ingenieros de Caminos, Canales y Puertos . The project commenced with

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4526-596: The sale of products and services allegedly derived from Indigenous knowledge : Before ceremonies and ceremonial knowledge were affirmed as protected intellectual property by the UN General Assembly , smaller coalitions of Indigenous cultural leaders met to issue declarations about protection of ceremonial knowledge. In 1980, spiritual leaders of the Northern Cheyenne , Navajo , Hopi , Muskogee , Chippewa - Cree , Haudenosaunee and Lakota Nations met on

4599-634: The same concept. The term "Indigenous Cultural and Intellectual Property Rights" is abbreviated as ICIPR. " Traditional cultural expressions " is a phrase used by WIPO to refer to "any form of artistic and literary expression in which traditional culture and knowledge are embodied. They are transmitted from one generation to the next, and include handmade textiles, paintings, stories, legends, ceremonies, music, songs, rhythms and dance". "Traditional cultural expressions" can include designs and styles, which means that applying traditional Western-style international copyright laws – which apply to

4672-409: The same contexts in the other dialect. Preserved heritage has become an anchor of the global tourism industry , a major contributor of economic value to local communities. Legal protection of cultural property comprises a number of international agreements and national laws. United Nations , UNESCO and Blue Shield International deal with the protection of cultural heritage. This also applies to

4745-450: The south and Bangui on the east on a clear day. Contrary to popular belief, it is not the highest-elevated nor tallest lighthouse in the Philippines but the highest-elevated still original and active Spanish era lighthouse in the country. Corregidor Lighthouse is higher at over 600 feet (180 m), and among the Spanish colonial lighthouses, the tower of Cape Melville Lighthouse is the tallest at 90 feet (27 m). In Mindoro Strait ,

4818-462: The use of resources are collective and intergenerational. No...individuals or communities, nor the Government, can sell or transfer ownership of [cultural] resources which are the property of the people and which each generation has an obligation to safeguard for the next... There must be appropriate mechanisms for maintaining and ensuring the right of Indigenous peoples to deny indiscriminate access to

4891-562: The wartime conduct of the Union Army also set rules for the protection of cultural heritage. The process continued at the end of the 19th century when, in 1874 (in Brussels), at least a draft international agreement on the laws and customs of war was agreed. 25 years later, in 1899, an international peace conference was held in the Netherlands on the initiative of Tsar Nicholas II of Russia , with

4964-462: The ways and means of behavior in a society and the often formal rules for operating in a particular cultural climate. These include social values and traditions , customs and practices, aesthetic and spiritual beliefs, artistic expression , language and other aspects of human activity. The significance of physical artifacts can be interpreted as an act against the backdrop of socioeconomic, political, ethnic, religious, and philosophical values of

5037-474: The world are being disrupted and destroyed". The Declaration of Belém declared: Mechanisms [ought to] be established by which Indigenous specialists are recognized as proper Authorities and are consulted in all programs affecting them, their resources and their environment... Procedures must be developed to compensate native peoples for the utilization of their knowledge and their biological resources. The Kari-Oca Declaration and Indigenous Peoples Earth Charter

5110-554: The world attended an international Indigenous peoples' summit on sustainable development in Khoi-San Territory, Kimberley , South Africa , in August 2002, where they reaffirmed previous declarations and statements (above), and, among other matters, declared: Our traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge

5183-435: The world: Australian law does not protect all forms of Indigenous cultural and intellectual property (ICIP). Copyright law in Australia covers music, literature and art by people who are living or have died within 70 years, and individual creators' work is also protected by moral rights . Performers' and designers' work are covered by separate legislation. In some instances, cultural misappropriation can be protected by

5256-485: Was agreed, in the Tambunan Statement on the Protection and Conservation of Indigenous Knowledge: For the Indigenous peoples of Asia, the intellectual property rights system is not only a very new concept but it is also very western...[W]ith [western style] intellectual property rights, alien laws will be devised to exploit the Indigenous knowledge and [cultural] resources of the Indigenous peoples. Participants from

5329-659: Was first affirmed in Brazil in May 1992, and then re-affirmed in Indonesia in June 2002. Ratifying the document were Indigenous peoples from the Americas, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which Indigenous peoples depend. Specific reference

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