Community
Awareness About
IPR in the Canadian
Arctic
by Ms. Jennifer Dickson,
Executive Director
Pauktuutit
Inuit Women of Canada
Ottawa, Ontario, Canada
National Archives of Canada C88335 – July 1889
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Six Inuit Regions in Canada
 53,400 Inuit live in Canada,
primarily in six Arctic regions.
 Inuit have concluded four modern
land claims agreements.
 Many of the 53 Inuit communities
are small with limited economic
opportunities.
 Traditional harvesting activities
remain important.
C A N A D A
Pauktuutit Inuit Women of Canada
 Participation in the wage/cash
economy is important in order to
access southern goods and
services.
WIPO – IGC 11
www.pauktuutit.ca
The Need to Protect Inuit
Hand-crafted Clothing
 Southern consumers are interested in
hand-crafted Inuit clothing;
 There is a need to promote long-term
economic opportunities for women in
remote communities;
 Inuit women are learning to take
advantage of opportunities in the
fashion industry and
 Inuit women have learned design and
production skills for the creation of
traditional and contemporary
garments.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
The Amauti Project
 The success of The Road to Independence
project raised fears that amauti designs and
creations were going to be used by non-Inuit
without permission.
 Inuit seamstresses lacked an understanding
of modern IPR laws.
 It is unclear whether the traditional designs
and creations of Inuit culture are protected
by modern intellectual property laws.
 It was recognized that the amauti would
make a good case study.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
What is an Amauti?
 The amauti is a traditional
style of Inuit woman’s
parka.
 The style and form of the
amauti has changed little
over the centuries.
Photo courtesy of Avataq Institute
 The amauti is designed
with a large hood and
pouch to carry a child.
 The mother remains in close contact with her child yet her hands are
free for other activities.
 A large loose shoulder enables the mother to bring the child around
from her back for nursing. The custom fit of the amauti protects the
child from the cold.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Cultural Importance of the Amauti
 Clothing is an important expression of cultural
identity.
 The style and decorations of an amauti can
indicate a region or community.
 The amauti embraces Inuit traditional knowledge
and cultural expressions;
 The amauti reflects practical and functional
adaptations to the Arctic;
 The amauti is used today and embodies an
emotional link between mother and child and
 The amauti offers long-term economic
opportunities at the local community level.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Amauti Workshop Objectives
 Raise awareness about IP laws;
 Increase the capacity of Inuit women to
address IPR issues.
 Introduce the CBD and WIPO.
 Engage elders, community leaders, and
garment producers in discussions about
protecting Inuit TK.
 Evaluate the needs and expectations of Inuit
women about protecting their TK.
National Archives of Canada PA053548
Pauktuutit Inuit Women of Canada
 Empower Inuit women to take charge of the
potential benefits arising from using
traditional knowledge.
WIPO – IGC 11
www.pauktuutit.ca
Plain-Language Documentation
 Collective
This word describes an organization that protects the rights of all
its members. Often people who have common concerns or
common interests will form a collective. All members of a collective
are equal.
How is it Used? A collective may apply for a trademark, a
copyright, a collective mark, or a certification mark in the name of
all its members. The collective would then act to protect the
intellectual property rights of everyone who is a member.
Why is it important? A collective may be a method to protect
traditional knowledge. For example, people who make the amauti
may decide to start a collective. This organization would manage
the rights that are connected with legal and economic protection of
the amauti. It is easier for a designer to have the collective manage
their legal rights.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Workshop Resource Material
Important terms, concepts, laws, and
conventions were presented in an easy to
understand manner.
Topics included:
 Canada's IP laws;
 The history of the CBD;
 WIPO’s 1982 Model Provisions and
the 1998 –99 Fact Finding Mission;
 The IP laws of other countries; and
 The work of NGOs to protect the
intellectual property rights of
Indigenous peoples.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Inuit Customary Law
 Who owns Inuit traditional knowledge?
 What are the customary laws on ownership,
use, and the sharing of knowledge?
 Who owns the traditional designs, tools, and
decorations?
 Do Inuit need permission to use their
knowledge?
 Can traditional knowledge be someone's
private property?
 Do those who use traditional knowledge
owe anything to their community?
 Can non-Indigenous peoples use
Indigenous peoples' traditional knowledge?
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Traditional & Modern Designs
 Access to the traditional knowledge
of the amauti is informal.
 No Inuk should be denied the right
to learn how to make an amauti.
 Customary rules exist for using
regional designs and patterns.
 There is concern over the loss of
traditional sewing methods.
 The old ways of making the amauti
need to be recorded and protected.
 The amauti can be utilitarian or it
can be an artistic creation.
Photo courtesy Avataq Institute
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
The Amauti as Art
The delegates considered:
 Whether each individual garment should
be protected as art.
 Whether all forms of the garment should
be protected as industrial design.
National Archives of Canada C86030 – 1903-4
 Whether a copyright is can protect amauti
patterns from alteration and copying.
 Whether a new IPR label should be
developed to recognize cultural and
collective ownership.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
Courtesy Avataq Institute – 1920
www.pauktuutit.ca
The AMAUTI WORK PLAN
 Form an association of manufacturers and register a shared trademark or certification mark as an interim form of protection.
 Promote the development of a new form of
IPR protection – a mark that protects cultural
property and/or cultural heritage.
 Conduct a fact-finding Mission with Panama.
 Develop a catalogue, inventory, or registry of
designs and designers.
 Place the work of a registry in the context of
discussions before the CBD and WIPO.
 Network at the national and international level
with Indigenous peoples to work together
towards a common solution.
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
The Next Steps
 Represent the Indigenous Women’s
of the Americas’ Intellectual
Property Rights Commission.
 Participate in the Continental
Network of Indigenous Women.
 Seek on-going financial support.
Photo courtesy Avataq Institute
 Promote the distribution of the
project’s workshop material.
National Archives of Canada PA101840 – 1923
Pauktuutit Inuit Women of Canada
 Continue to raise awareness of
intellectual property right issues at
the community level.
WIPO – IGC 11
www.pauktuutit.ca
More Information
Rankin Inlet Workshop Report:
Inuit Women's Traditional Knowledge
Workshop on the Amauti & Intellectual
Property Rights
http://pauktuutit.ca/pdf/publications/pauktuutit/
Amauti_e.pdf
Intellectual Property Rights
and the Inuit Amauti: A Case
Study
http://www.wipo.int/tk/en/igc/ngo/
wssd_amauti.pdf
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
Thank You
PAUKTUUTIT
Inuit Women of Canada
56 Sparks Street
Suite 400
Ottawa, Ontario
CANADA
K1P 5A9
613-238-3977
www.pauktuutit.ca
Presented by:
Jennifer Dickson
Executive Director
[email protected]
Pauktuutit Inuit Women of Canada
WIPO – IGC 11
www.pauktuutit.ca
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Intellectual Property Rights & Inuit Women’s Amauti