ABORIGINAL CUSTOM, COPYRIGHT & THE CANADIAN CONSTITUTION

pdf: ABORIGINAL CUSTOM, COPYRIGHT & THE CANADIAN CONSTITUTION
Resource Description: 

This paper considers the problem of domestic and international non-compliance with aboriginal customary law regarding traditional designs, ritual knowledge and other intellectual property. It begins by outlining the general failure of domestic and international copyright law to provide a legal solution. It follows with discussion of the Galinbingu people’s recent success in the breakthrough Australian decision Bulun Bulun v. R. & T. Textiles Pty. Ltd. The author then argues that Canadian law provides a unique basis for solution as the rights of aboriginal peoples in Canada are protected under s. 35(1) of Constitution Act, 1982.

Found in: 
Legal, Legal Opinions & Reviews, Rights & Title

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