Claiming Rights to Biocultural Food Heritage: Intellectual Property and Biodiversity Protection in Andean Community Territorial Life Projects
| dc.contributor.author | Jefferson, David | |
| dc.contributor.author | Coombe R | |
| dc.date.accessioned | 2024-11-04T23:05:15Z | |
| dc.date.available | 2024-11-04T23:05:15Z | |
| dc.date.issued | 2024 | |
| dc.description.abstract | The rise and global spread of industrial capitalism through trade liberalization depended upon the expansion of intellectual property systems into new regions and over new subject matters justified by modern ideals of economic development premised on narratives of ‘progress’. The encroachment of proprietary logics into the realm of food and agriculture, however, was contentious, with opponents decrying perceived threats to food security, the possible erosion of agrobiodiversity, and threats to ancestral agricultural knowledges necessary to preserve biodiversity. More recently, the conventional assumption that subaltern peoples including Indigenous communities, ethnic minority groups, and peasant farmers are unlikely to benefit from the expansions of intellectual property has been challenged by the emergence of collective claims to ‘rights from below’ pertaining to plants, farming practices, post-harvest processes, and local cuisines. These collective stewardship rights are influenced and animated by environmental NGOs, ‘post-development’ social movements, and global peasant organizations, who articulate norms of biocultural heritage and biocultural territories to assert new indications of geographical provenance (marks indicating conditions of origin) to identify collective enterprises that protect ecosystems characterized by multi-species relationships. In this socio-legal paper, we explore ethnographically based research across academic disciplines that reveal a growing terrain of ‘territorialized life projects’ centred upon food and agriculture in the member states of the Andean Community (Bolivia, Colombia, Ecuador, and Peru). We demonstrate how the creative use of marks indicating conditions of origin are being deployed by Indigenous, ethnic minority, and peasant producers to assert rights to heritage foods and explore novel livelihood opportunities in new markets, while supporting biodiversity conservation and food sovereignty objectives. Our work suggests that territorialized, non-Western cultural traditions, spiritualities, and values may be used to interpret and articulate new intersections of intellectual property and human rights norms by commercially expressing local relationships to food as a source of identity, livelihood, and sustenance. | |
| dc.identifier.citation | Jefferson D, Coombe R (2024). Claiming Rights to Biocultural Food Heritage: Intellectual Property and Biodiversity Protection in Andean Community Territorial Life Projects. Boston, USA: International Society for the History and Theory of Intellectual Property. 26/06/2024-27/06/2024. | |
| dc.identifier.uri | https://hdl.handle.net/10092/107283 | |
| dc.rights | All rights reserved unless otherwise stated | |
| dc.rights.uri | http://hdl.handle.net/10092/17651 | |
| dc.subject.anzsrc | 48 - Law and legal studies::4806 - Private law and civil obligations::480603 - Intellectual property law | |
| dc.subject.anzsrc | 45 - Indigenous studies::4519 - Other Indigenous data, methodologies and global Indigenous studies::451902 - Global Indigenous studies environmental knowledges and management | |
| dc.subject.anzsrc | 41 - Environmental sciences::4104 - Environmental management::410401 - Conservation and biodiversity | |
| dc.subject.anzsrc | 45 - Indigenous studies::4519 - Other Indigenous data, methodologies and global Indigenous studies::451901 - Global Indigenous studies culture, language and history | |
| dc.subject.anzsrc | 45 - Indigenous studies::4519 - Other Indigenous data, methodologies and global Indigenous studies::451907 - Indigenous methodologies | |
| dc.subject.anzsrc | 43 - History, heritage and archaeology::4302 - Heritage, archive and museum studies::430203 - Cultural heritage management (incl. world heritage) | |
| dc.subject.anzsrc | 44 - Human society::4401 - Anthropology::440104 - Environmental anthropology | |
| dc.subject.anzsrc | 44 - Human society::4401 - Anthropology::440107 - Social and cultural anthropology | |
| dc.subject.anzsrc | 44 - Human society::4406 - Human geography::440604 - Environmental geography | |
| dc.subject.anzsrc | 44 - Human society::4406 - Human geography::440601 - Cultural geography | |
| dc.subject.msh | Taiao | Ao nui; Environment; History, Natural; Natural history; Nature; World::Kanorau | Diversity | |
| dc.subject.msh | Ture | Laws | |
| dc.subject.msh | Tikanga | Ceremonies; Customs; Protocols; Traditions | |
| dc.subject.msh | Taiao | Ao nui; Environment; History, Natural; Natural history; Nature; World | |
| dc.title | Claiming Rights to Biocultural Food Heritage: Intellectual Property and Biodiversity Protection in Andean Community Territorial Life Projects | |
| dc.type | Conference Contributions - Other | |
| uc.college | Faculty of Law | |
| uc.department | Faculty of Law |