Intellectual Property Policy

Aboriginal Intangible Property in Canada: An Ethnographic Review

2. Northwest Coast

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2.3.4 Summary Table Showing Examples of Coast Salish Customary Intangible Property Protocols

"Summary Table Showing Examples of Coast Salish Customary Intangible Property Protocols"
Snew (private knowledge)
Scope Purpose Rights & Obligations Mechanism of Transfer Term
  • professional lore
  • secrets of trades
  • provide protection to artisans, crafts-people and other skilled workers
  • to provide family knowledge holders exclusive rights which have potential to enrich that family
  • right to protect special or esoteric knowledge from wide circulation
  • selected family members or apprentices taught this knowledge
  • indefinite term associated with 'na'mima ownership
  • indefinite term form 'corporate' family knowledge holder
ritual knowledge
Scope Purpose Rights & Obligations Mechanism of Transfer Term
  • certain practices
  • songs
  • 'power' words
  • moral advice
  • to provide family knowledge holders exclusive rights which have potential to enrich that family
  • right to protect special or esoteric knowledge from wide circulation
  • selected family members taught this knowledge
  • life term for those entrusted as stewards of the knowledge
  • indefinite term form 'corporate' family knowledge holder
traditional ecological knowledge including location
Scope Purpose Rights & Obligations Mechanism of Transfer Term
  • techniques for harvesting certain limited resources
  • to provide additional effectiveness of control over owned resource harvesting locations through limited knowledge
  • to provide family knowledge holders exclusive rights which have potential to enrich that family
  • right to protect knowledge from wide circulation
  • right to licence others to use this knowledge when sharing resources
  • rights to this knowledge are often intangible aspects of tangible or corporeal property rights
  • selected family members taught this knowledge
  • family leader may elect to give non-exclusive licence to others to use the knowledge
  • life term for those entrusted as stewards of the knowledge
  • indefinite term form 'corporate' family knowledge holder
ts'exwtén (ritual intangible property)
Scope Purpose Rights & Obligations Mechanism of Transfer Term
  • ritual prerogatives
  • mask dance
  • rattle ceremony
  • 'power words'
  • certain songs
  • associated origin stories
  • certain designs
  • to ensure that people of appropriate ritual status or lineage perform sacred rites
  • to protect sacred rites from being desecrated or disrespected
  • the name/title holder holds exclusive right to display, publically perform, or have commissioned a representation of the property
  • right to exclude others from using this property
  • rights to assign others to perform
  • neighbouring rights for performers include expectation of compensation for their performance
  • owner has obligation not to display images or recount
  • owner obliged to publically announce source of right when performed
  • some ts'exwtén are inherited through primogenitor
  • with respect to mask dance, certain women are ts'exwtén owners and assign closely related men limited performance rights
  • some ts'exwtén may be transferred between families through intermarriage
  • life term associated with individual holder
  • indefinite term association with family ownership
intangible 'House' property
Scope Purpose Rights & Obligations Mechanism of Transfer Term
  • hereditary names
  • legends
  • songs
  • dances
  • 'power' words
  • medical knowledge
  • ceremonial prerogatives
  • to provide 'House' knowledge holders exclusive rights which have potential to enrich that 'House'
  • exclusive right to recite, depict, portray, perform, tell about 'House' property
  • right of members of 'House' to use this property against members of other 'Houses'
  • right to expect compensation for performance
  • all 'House' members may claim rights, but claim must be publicly validated
  • transfer of rights within 'House' is topically done through inheritance
  • transfer between 'Houses' is not common, but would have to be validated (and accepted by other 'House' members) at a potlatch
  • life term associated with individual holder
  • indefinite term association with 'House' ownership