Janke, Terri --- "Pacific Indigenous People Unite to Protect Cultures: Report on the Symposium on the Protection of Traditional Knowledge and Expressions of Indigenous Cultures in the Pacific Islands, Noumea, New Caledonia, 15 - 19 February 1999" [1999] AUIndigLawRpr 26; (1999) 4(3) Australian Indigenous Law Reporter 1
[1] Terri Janke is a solicitor with Michael Frankel and Company Solicitors in Sydney. She attended the Symposium as Adviser to ATSIC Commissioner Preston Thomas, the Australian delegate appointed by UNESCO.
[2] UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore, adopted by the General Conference at its 25th session, Paris, 15 November 1989.
[3] See next section for definition.
[4]UNESCO, above note, Paragraph B(a).
[5]UNESCO, above note, Paragraph C(a).
[6]Mrs Noriko Aikawa, Chief of the Intangible Heritage Unit representing the Director General of UNESCO, p 1
[7] UNESCO Office for the Pacific States, Final Report Regional Seminar on the Application of the UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore in the Countries of the Pacific, New Caledonia 11 - 12 February 1999, p 5
[8] UNESCO, above note 2, Paragraph A.
[9] Report by Mr Lam Dang, delegate from the Federated States of Micronesia.
[10] Dr Lawrence Kalinoe and Jacob Sinet, 'Written Report on the Situation in Papua New Guinea in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures,' p 3
[11] Model Provisions, Section 2
[12] Mr Salah Abada, Chief of Section, Division of Creativity, Cultural Industries and Copyright, UNESCO address to the Symposium.
[13] Ibid.
[14]Mrs Marie-Claude Tjibaou, Welcoming address at the Symposium.
[15] Mr Tebania Tebakabo, Report to the Symposium.
[16] Declaration on the Protection of Traditional Knowledge and Expressions of Indigenous Cultures in the Pacific Islands, developed and adopted at the Symposium.
[17] Ms Ngatuiane Maui, Report to the Symposium on the Situation in the Cook Islands in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures.
[18] Republic of Palau, Country Report, Symposium on the Legal Protection of the Expressions of the Pacific Indigenous Cultures, page 1.
[19] As above, p 2
[20] Mr Tebania Tebakabo, Kiribati, Report to the Symposium.
[21] Terri Janke, “The Protection and Recognition of Australian Indigenous Cultural and Intellectual Property Rights: An Overview of the Australian Project Our Culture: Our Future, page 5
[22] As above.
[23] (1998) 3 Australian Indigenous Law Reporter 547 - 561
[24] A kind of cultural policeman who has the obligation to ensure that the owners of certain land and knowledge associated with theland is dealt with in accordance with Indigenous custom, law and tradition.
[25] Ibid, at 552
[26] Ms Marie-Claude Tjibaou, Chairperson of Agence de Development de la Culture Kanak, Opening Address.
[27] Mr Octave Tonya, Chairperson, Council of Pacific Arts, Opening Address.
[28] Mr Clark Peteru, 'Protection of Biological Diversity and Genetic Resources', Paper presented at the Symposium.
[29] Mr Lawrence Foa’na’ota, Director of Museum, Solomon Islands, Report presented at the Symposium.
[30] Mr Ralph Ragenvanu, Vanuatu Cultural Centre, Report presented at the Symposium.
[31] Ms Janet Maki, Solicitor General, Cook Islands, Report presented at the Symposium.
[32] Alexis Leleivai, Wallis and Futuna, Report presented at the Symposium.
[33] Mr Clark Peteru, ''''Protection of Biological Diversity and Genetic Resources'''', Paper presented at the Symposium.
[34] As above.
[35] Paula S Bloomfield, Written Report presented to the Symposium on the Situation in Tonga in Regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures, p 2
[36] Mr Clark Peturu, op cit. See also David Robie, “Bio-pirate’ face legal test in Pacific Blood Feud,” The Bangkok Post, 13 November 1995, page unknown.
[37] Pierre-Yves Gautier, “Protecting the Spiritual and the Intangible: The Cultural Creations of the Pacific Peoples”,
[38]As above.
[39] As above.p 2
[40]I As above. Cited by Professor Gautier.
[41] As above., p 2
[42]As above.
[43] As above.p 3
[44] As above., p 4
[45] Professor Peter Jaszi, 'Authorship and New Technologies from the Viewpoint of Common Law Traditions', presented at the Symposium.
[46] ''''Expressions of Folklore'''' is defined in the Samoan copyright Act 1998 as
a group-oriented and tradition-based creation by groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standard and values as transmitted orally, by imitation or by other means. They include folk tales, poetry, riddles, songs, instrumental folk music, folk dances and plays, production of folk arts such as drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, handicrafts, costumes and Indigenous textiles. (is this a quote? Need quotation marks)
[47] Mose Fulu, Report to Symposium on the Situation in Samoa in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures, p 1
[48] As above.
[49] As above., p 2
[50] Ralph Regenvanu, Written Report to Symposium, p 1
[51] As above., p 3
[52] Applicant v Indofurn (the Carpets Case) ; Bulun Bulun v R & T Textiles full citation
[53] Professor Kamal Puri, 'Exploitation of Indigenous Traditional Culture', Paper Presented to the Symposium, p 3.
[54] Law No 56-11-6, 3 November 1956
[55] Report presented by French Polynesian delegation to the Symposium.
[56] Mr Botlang Loeak, Vice-Chairman of Alele Museum, 'Report on the Situation in the Marshall Islands in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures' , p 3.
[57] Title 26 of the FSM Code
[58] 26 FSMC Section 101.
[59] Mr Lawrence Foa’na’ota, Director of Museum, Solomon Islands, 'A Brief Report on the Situation in Solomon Islands regarding the Legal Protection of Traditional Knowledge and Expressions of Indigenous Cultures', p 2
[60] Article V of FSM Constitution.
[61] Article VI as cited by Mr Botlang Loeak, Vice-Chairman of Alele Museum, Report on the Situation in the Marshall Islands in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures, p 2.
[62] Schedule 2.1 of the Constitution of Papua New Guinea.
[63] Dr Lawrence Kalinoe and Jacob Sinet, 'Written Report on the Situation in Papua New Guinea in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures', p 5
[64] Mr Ralph Ragenvanu, Vanuatu Cultural Centre, Written Report to Symposium, p 2
[65] Ms Julie Olsson, Nauru Country Paper, Symposium on the Protection of Traditional Knowledge and Expressions of Indigenous Cultures in the Pacific Islands, p 2
[66] Above, note 37
[67] As above p 6
[68]Rome, 24 June 1995
[69] Report by Mr Lam Dang, delegate from the Federated States of Micronesia.
[70] Aroha Mead, New Zealand Delegate, Oral Report to Symposium.
[71] As above.
[72] Mose Fulu, comment during Symposium..
[73] Report presented by Cook Islands delegate to the Symposium.
[74] Report presented by French Polynesian delegation at the Symposium. p 1.
[75]Article VI as cited by Mr Botlang Loeak, Vice-Chairman of Alele Museum, 'Report on the Situation in the Marshall Islanders in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures,' p 2.
[76]Ana Sabian Teregeyo, delegate from the Northern Mariana Islands, written report to Symposium, p 5.
[77] Scott Morris, 'The Experience of Collective Administration of Author’s Rights and the Possibilities for its Application to the Follow up of Exploitation of Traditional and Popular Culture'.
[78] Mr Lam Dang, delegate from the Federated States of Micronesia.
[79] Wallis and Futuna reported that writers or researchers get local people to work free of charge in contributing to books which are then sold at very high prices, Alexis Leleivai, Written Report to Symposium, page 2.
[80] Ms Rhonda Griffiths, Country Statement, Norfolk Islands, page 2
[81] Lawrence Foa’na’ota, Director of Museum, Solomon Islands, 'A Brief Report on the Situation in Solomon Islands regarding the Legal Protection of Traditional Knowledge and Expressions of Indigenous Cultures', p 6.
[82]Mr Ralph Ragenvanu, Vanuatu Cultural Centre, written paper to Symposium
[83]As above.
[84] Dr Lawrence Kalinoe & Jacob Sinet, 'Written Report on the Situation in Papua New Guinea in regard to the Protection of Traditional Knowledge and of the Expressions of Indigenous Cultures', page 2
[85] As above.
[86] Aroha Mead, New Zealand Delegate, Oral Report to Symposium
.