Community Awareness About IPR in the Canadian Arctic

Community Awareness About IPR in the Canadian Arctic by Ms. Jennifer Dickson, Executive Director Pauktuutit Inuit Women of Canada Ottawa, Ontario, Canada National Archives of Canada C 88335 – July 1889 Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Six Inuit Regions in Canada v 53, 400 Inuit live in Canada, primarily in six Arctic regions. v Inuit have concluded four modern land claims agreements. v Many of the 53 Inuit communities are small with limited economic opportunities. v Traditional harvesting activities remain important. v Participation in the wage/cash economy is important in order to access southern goods and services. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

The Need to Protect Inuit Hand-crafted Clothing v Southern consumers are interested in hand-crafted Inuit clothing; v There is a need to promote long-term economic opportunities for women in remote communities; v Inuit women are learning to take advantage of opportunities in the fashion industry and v Inuit women have learned design and production skills for the creation of traditional and contemporary garments. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

The Amauti Project v The success of The Road to Independence project raised fears that amauti designs and creations were going to be used by non-Inuit without permission. v Inuit seamstresses lacked an understanding of modern IPR laws. v It is unclear whether the traditional designs and creations of Inuit culture are protected by modern intellectual property laws. v It was recognized that the amauti would make a good case study. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

What is an Amauti? v The amauti is a traditional style of Inuit woman’s parka. v The style and form of the amauti has changed little over the centuries. Photo courtesy of Avataq Institute v The amauti is designed with a large hood and pouch to carry a child. v The mother remains in close contact with her child yet her hands are free for other activities. v A large loose shoulder enables the mother to bring the child around from her back for nursing. The custom fit of the amauti protects the child from the cold. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Cultural Importance of the Amauti v Clothing is an important expression of cultural identity. v The style and decorations of an amauti can indicate a region or community. v The amauti embraces Inuit traditional knowledge and cultural expressions; v The amauti reflects practical and functional adaptations to the Arctic; v The amauti is used today and embodies an emotional link between mother and child and v The amauti offers long-term economic opportunities at the local community level. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Amauti Workshop Objectives v Raise awareness about IP laws; v Increase the capacity of Inuit women to address IPR issues. v Introduce the CBD and WIPO. v Engage elders, community leaders, and garment producers in discussions about protecting Inuit TK. v Evaluate the needs and expectations of Inuit women about protecting their TK. National Archives of Canada PA 053548 Pauktuutit Inuit Women of Canada v Empower Inuit women to take charge of the potential benefits arising from using traditional knowledge. WIPO – IGC 11 www. pauktuutit. ca

Plain-Language Documentation v Collective This word describes an organization that protects the rights of all its members. Often people who have common concerns or common interests will form a collective. All members of a collective are equal. How is it Used? A collective may apply for a trademark, a copyright, a collective mark, or a certification mark in the name of all its members. The collective would then act to protect the intellectual property rights of everyone who is a member. Why is it important? A collective may be a method to protect traditional knowledge. For example, people who make the amauti may decide to start a collective. This organization would manage the rights that are connected with legal and economic protection of the amauti. It is easier for a designer to have the collective manage their legal rights. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Workshop Resource Material Important terms, concepts, laws, and conventions were presented in an easy to understand manner. Topics included: v Canada's IP laws; v The history of the CBD; v WIPO’s 1982 Model Provisions and the 1998 – 99 Fact Finding Mission; v The IP laws of other countries; and v The work of NGOs to protect the intellectual property rights of Indigenous peoples. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Inuit Customary Law v Who owns Inuit traditional knowledge? v What are the customary laws on ownership, use, and the sharing of knowledge? v Who owns the traditional designs, tools, and decorations? v Do Inuit need permission to use their knowledge? v Can traditional knowledge be someone's private property? v Do those who use traditional knowledge owe anything to their community? v Can non-Indigenous peoples use Indigenous peoples' traditional knowledge? Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Traditional & Modern Designs v Access to the traditional knowledge of the amauti is informal. v No Inuk should be denied the right to learn how to make an amauti. v Customary rules exist for using regional designs and patterns. v There is concern over the loss of traditional sewing methods. v The old ways of making the amauti need to be recorded and protected. v The amauti can be utilitarian or it can be an artistic creation. Photo courtesy Avataq Institute Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

The Amauti as Art The delegates considered: v Whether each individual garment should be protected as art. v Whether all forms of the garment should be protected as industrial design. National Archives of Canada C 86030 – 1903 -4 v Whether a copyright is can protect amauti patterns from alteration and copying. v Whether a new IPR label should be developed to recognize cultural and collective ownership. Pauktuutit Inuit Women of Canada WIPO – IGC 11 Courtesy Avataq Institute – 1920 www. pauktuutit. ca

The AMAUTI WORK PLAN v Form an association of manufacturers and register a shared trademark or certification mark as an interim form of protection. v Promote the development of a new form of IPR protection – a mark that protects cultural property and/or cultural heritage. v Conduct a fact-finding Mission with Panama. v Develop a catalogue, inventory, or registry of designs and designers. v Place the work of a registry in the context of discussions before the CBD and WIPO. v Network at the national and international level with Indigenous peoples to work together towards a common solution. Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

The Next Steps v Represent the Indigenous Women’s of the Americas’ Intellectual Property Rights Commission. v Participate in the Continental Network of Indigenous Women. v Seek on-going financial support. Photo courtesy Avataq Institute v Promote the distribution of the project’s workshop material. National Archives of Canada PA 101840 – 1923 Pauktuutit Inuit Women of Canada v Continue to raise awareness of intellectual property right issues at the community level. WIPO – IGC 11 www. pauktuutit. ca

More Information Rankin Inlet Workshop Report: Inuit Women's Traditional Knowledge Workshop on the Amauti & Intellectual Property Rights http: //pauktuutit. ca/pdf/publications/pauktuutit/ Amauti_e. pdf Intellectual Property Rights and the Inuit Amauti: A Case Study http: //www. wipo. int/tk/en/igc/ngo/ wssd_amauti. pdf Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca

Thank You PAUKTUUTIT Inuit Women of Canada 56 Sparks Street Suite 400 Ottawa, Ontario CANADA K 1 P 5 A 9 613 -238 -3977 www. pauktuutit. ca Presented by: Jennifer Dickson Executive Director jdickson@pauktuutit. ca Pauktuutit Inuit Women of Canada WIPO – IGC 11 www. pauktuutit. ca