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https://hdl.handle.net/1959.11/3814
Title: | Using a Legally Enforceable Knowledge Trust Doctrine to Fulfil the Moral Obligation to Protect Indigenous Secrets | Contributor(s): | Martin, Paul (author) ; Jeffery, Michael (author) | Publication Date: | 2007 | Handle Link: | https://hdl.handle.net/1959.11/3814 | Abstract: | This article discusses the potential legal obligations of researchers who obtain cultural, technological, religious or mystical knowledge from Indigenous custodians. It is argued that the combination of four existing areas of law: confidential information, equitable estoppel, statutory prohibitions against misleading or deceptive conduct, and unjust enrichment may in effect provide a comprehensive protection to Indigenous peoples against the misuse of knowledge they share with researchers, even without sui generis law or international treaties. Unlike previous approaches to this topic, this paper is not proposing new legal concepts. The obligations discussed are already present in most common law jurisdictions. Affected researchers may be surprised at the extent of this protection, and the commensurate extent of their legal obligations. Research institutions may find themselves being held accountable for not having complied with these responsibilities. An outline of one mechanism to formalise and make clear researcher responsibilities is provided. It is hoped that such a mechanism will aid researchers and research institutions in fulfilling their legal and moral responsibilities in regard to Indigenous knowledge. | Publication Type: | Journal Article | Source of Publication: | New Zealand Journal of Environmental Law, v.11, p. 1-31 | Publisher: | University of Auckland, Faculty of Law | Place of Publication: | New Zealand | ISSN: | 1174-1538 | Fields of Research (FoR) 2008: | 180122 Legal Theory, Jurisprudence and Legal Interpretation | Socio-Economic Objective (SEO) 2008: | 940406 Legal Processes | Peer Reviewed: | Yes | HERDC Category Description: | C1 Refereed Article in a Scholarly Journal | Publisher/associated links: | http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/nzjel11&id=5 |
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Appears in Collections: | Journal Article School of Law |
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