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Indigenous intellectual property rights: Ethical insights for marketers

Author

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  • Kennedy, Ann-Marie
  • Laczniak, Gene R.

Abstract

Present copyright laws do not protect Indigenous intellectual property (IIP) sufficiently. Indigenous cultural artefacts, myths, designs and songs (among other aspects) are often free to be exploited by marketers for business' gain. Use of IIP by marketers is legal as intellectual property protection is based on the lifetime of the person who has put the IP in tangible form. However, Indigenous groups often view ownership in a very different light, seeing aspects of their culture as being owned by the group in perpetuity. Misuse of their cultural heritage by marketers in products often denies the Indigenous group a monetary benefit from their use and is frequently disrespectful. This article discusses ethical insights that might shed moral weight on this issue.

Suggested Citation

  • Kennedy, Ann-Marie & Laczniak, Gene R., 2014. "Indigenous intellectual property rights: Ethical insights for marketers," Australasian marketing journal, Elsevier, vol. 22(4), pages 307-313.
    • Handle: RePEc:eee:aumajo:v:22:y:2014:i:4:p:307-313
    DOI: 10.1016/j.ausmj.2014.09.004
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    Cited by:

    1. Jurgen Poesche & Taina Pihlajarinne & Anette Alén-Savikko & Timo Nyberg & Ilkka Kauranen, 2019. "Decentralized Production: The Need for Social Norms-Based Intellectual Property?," International Journal of Innovation and Technology Management (IJITM), World Scientific Publishing Co. Pte. Ltd., vol. 16(02), pages 1-18, April.
    2. Wana W. Chinsembu & Kazhila C. Chinsembu, 2020. "‘Poisoned Chalice’: Law on Access to Biological and Genetic Resources and Associated Traditional Knowledge in Namibia," Resources, MDPI, vol. 9(7), pages 1-34, July.

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