PROTECTION OF THE ORIGINAL CULTURE AND TRADITIONAL KNOWLEDGE OF THE INDIGENOUS MINORITIES OF THE NORTH IN THE CONTEXT OF INTELLECTUAL PROPERTY RIGHTS

Abstract

The article analyzes relevant issues of protecting the original culture of indigenous minorities of the North in the context of intellectual property law. The current issue for legal regulation of the phenomenon is the reflection in law of peculiarities of the subject of intellectual property rights (associations of minorities, inter alia communities that possess rights of a legal entity, and not individuals represent the subject) and objects of rights (i.e. results of their intellectual activity, such as traditional knowledge and skills, etc.). The customary rights of the peoples of the North, related to their cultural heritage, belong to all members of the association as bearers of the traditions of the people. At the same time, the content of traditions and regular law has not been enshrined in the legislation. The “community” specifics of the intellectual property law requires a theoretical justification in the categories of law and special legal regulation. In this regard, it is necessary to develop and approve the united international standards and mechanisms of implementation of intellectual property rights into the traditional knowledge or other results of intellectual activity of indigenous minorities of the North.