plans, and programs for national, regional, and local development, which
may directly affect them. The regulation of access to community intellectual
property and other resources are based on the recognition of ownership of
these communities over their ancestral domains/lands.
b. Ownership and Custody (knowledge-holders/living masters) of IKSPs.
IKSPs are owned by the ICCs/IPs as their collective property and are an
inherent part of their cultural patrimony. Individuals or specific families
may, however, serve as ‘custodians’/holders of the IKSPs on behalf of the
community in accordance with its customary laws.
c. IKSPs as sui generis. IKSPs belong to a class of its own and are the
collective property of the ICCs/IPs. Therefore the author, composer,
inventor, writer, choreographer, arranger, lyricist, owner, first user, or
preacher is not one individual but all the members of the community who
belong to the past, present and future generations.
d. Free and Prior Informed Consent (FPIC). The FPIC of the ICCs/IPs to any
research activity that affects them shall be secured before any such
activity/ies may commence.
This is in recognition to their intellectual
contribution in the development of knowledge, and their rights over these
knowledge and resources. Accordingly, their voluntary consent should be
based on informed opinion, which means that they should be fully informed
what the activity/research is all about, what are the resources that will be
gathered, and the aspects of benefit-sharing, among other concerns.
e. Equitable sharing of benefits. Arrangements over benefit sharing are tied
to the recognition by the State of the rights of the ICCs/IPs over their
ancestral domains, the resources therein, and the past, present and future
tangible and intangible cultural heritage including the derivatives, of their
IKSPs. The State shall ensure equitable sharing of benefits arising from the
generation and utilization of knowledge, innovations and practices of
ICCs/IPs embodying traditional lifestyles. Innovative forms and formula for
benefit-sharing that are acceptable to all parties shall be developed.
Benefits need not necessarily come in monetary terms nor should it be
confined to share in the royalties or up-front payments.
Non-monetary
forms of benefits should be explored. In cases where provision for
technology transfer is provided, such technology transfer shall not be
limited to the level of scientists and researchers but should primarily extend
to the members of the indigenous cultural community.
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