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why is scientific research regulated? - Coggle Diagram
why is scientific research regulated?
PROTECTION OF INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY
refers to the rights that Indigenous people have, and want to have, to protect their traditional arts and culture.
the search for plant and animal species from which medicinal drugs, biochemicals, and other commercially valuable material can be obtained.
they used eucalyptus oil, tea tree oil, emu bush, snake vine, sandpaper fig and stinking passion flower, etc.
ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”.
social and ethical issues
The updated protocol guide lays out ten principles for respecting Australian traditional cultural expressions and knowledge:
specific clauses for traditional knowledge and cultural expression in recording and other contracts,
traditional forms of healing such as the use of traditional healers, healing songs, and bush medicines were the only form of primary health care.
Indigenous peoples claim that existing intellectual property rights (IPR) systems do not provide adequate recognition and protection of their cultural products and expressions.
Some critics consider IPR systems to be a threat to Indigenous peoples' cultural maintenance.
For Aboriginal and Torres Strait Islander Australians the impact of colonisation and the removal and disconnection of people both from their land and from their traditional families has had a major
effect on the use of traditional practices including traditional medicine
Dr Terri Janke, consolidates five guides into one, with case studies spanning visual arts, music, literature, dance,
Australian musician or community involved and that royalties are shared with the relevant communities when an album, song or project is communally owned.
respect, self-determination, communication, consultation and consent, interpretation, cultural integrity and authenticity, recognition and protection, etc.
case study
musician and producer, Jessie Lloyd.
Indigenous elders and senior family members and learned about the songs and song traditions that had been orally passed down,
The case study details how, throughout her research, the musician consistently adhered to the ten principles set out in the guide,
activities that engage with Indigenous Australians, communities and their cultural heritage.
experimental arts, visual arts, literature, music, dance, theatre and community arts and cultural development in Australia.
Overseas, Jessie Lloyd has performed her work in Canada, Mexico and the USA.
Senior First Nations musician, Archie Roach, and First Nations Australian academic, Marcia Langton, from Melbourne University, were senior cultural advisors on this project.
settlements to share and reclaim their stories and cultural expressions.
consulting with communities to record and publish communally owned songs from old Aboriginal missions in the states of Queensland, New South Wales and Victoria.
Regulation
Australian laws only protect individuals and do not recognize any communal rights. In Australia, the law protects:
Musical, dramatic, literary and artistic works created by individuals who are living or recently passed away (within 70 years) .
Moral rights of individual artists. For more information see Arts Law's information sheet on Moral Rights
Individual performer's rights. For more information see Arts Law's information sheet on Performers' Rights.
Designs that come under the Designs Act 2003 (Cth). For more information see Arts Law's information sheet on protecting your designs.
Medicines, treatments and other products which are 'novel' and 'inventive' can be protected under the Patents Act 1990 (Cth)..
Australian law does not protect other aspects of ICIP, including:
The underlying idea or information that is put into a work eg the story told in a painting;
Performances such as dance and music which have not been recorded or written down;
Products or processes based on traditional knowledge such as traditional medicines or methods (for example, traditional methods of weaving)
why is regulation needed? Regulation is needed to protect the legitimate interests of businesses and the community.
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These sites are operated by Aboriginal community controlled health services (ACCHSs),
comprehensive primary health care to Aboriginal and Torres Strait Islander people, through the Indigenous Australians’ Health Programme (IAHP).