1. Traditional Knowledge at the WCMF Work Guidelines Waswanipi Cree Forest Model

2. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Goals to achieve Awareness about the: Awareness about the: Existence of Cree-Knowledge Existence of Cree-Knowledge Value of CK Value of CK WCFM’s need to Protect the CK WCFM’s need to Protect the CK WCFM’s right to Exploit the CK WCFM’s right to Exploit the CK Links to other goals of the main WCMF’s project Links to other goals of the main WCMF’s project

3. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model EXISTENCE of EXISTENCE of Cree Knowledge People have to get aware of their possession of it because when it comes naturally with their lifestyle they do not realize what they own People have to get aware of their possession of it because when it comes naturally with their lifestyle they do not realize what they own How to achieve this awareness? How to achieve this awareness? Make them verbalize their Uses and Practices Make them verbalize their Uses and Practices (link to the PP presentation: 1. Traditional Knowledge, Research and Intellectual Property) Repository of old & new CK-related tools Repository of old & new CK-related tools Where to look for CK expressions? Where to look for CK expressions? Where to look for CK expressions? Where to look for CK expressions?

4. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Where to look for CK expressions? Knowledge is an intangible, inmaterial asset Knowledge is an intangible, inmaterial asset It is expressed through products and practices It is expressed through products and practices Beliefs, expertise Beliefs, expertise Behaviours !!!!! Behaviours !!!!! Ask a Cree folk to tell one day life… Ask a Cree folk to tell one day life… Food, clothes, entertainments, duties Food, clothes, entertainments, duties Tally the environment where CK expressions take place Tally the environment where CK expressions take place (you will need this info to protect CK) Perhaps there are manifestations according to age, gender, status, etc. Perhaps there are manifestations according to age, gender, status, etc. SEE ALSO A RELATED ISSUE...

5. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model VALUE of the Cree Knowledge People have to realize the significance of what they naturally own People have to realize the significance of what they naturally own Some accountability is needed Some accountability is needed List the advices and data you already delivered to outsiders (check the past projects) List the advices and data you already delivered to outsiders (check the past projects)advicesdataadvicesdata List the books, documents, reports made about the Cree People List the books, documents, reports made about the Cree People Classify the info gotten from those lists: Classify the info gotten from those lists: CK, Taken from (without identified Cree sources) CK, Taken from (without identified Cree sources) CK, Given by (with expressed Cree sources) CK, Given by (with expressed Cree sources) (you will need this info to protect CK and check if PIC was appropriately obtained)

6. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Accountability. Advices Realize there is important CK in the advices given to outsiders, such as: Realize there is important CK in the advices given to outsiders, such as: How to behave yourself in the glace How to behave yourself in the glace How to identify risks How to identify risks How to estimated the growing up, feed, decadence of animals, plants How to estimated the growing up, feed, decadence of animals, plants Where to locate species Where to locate species Warning: I cannot estimate many issues because I did not spend enough time among you and the bibliography is not enough in this case These advices (as a specific asset) need to be emphasized -as such- in the deals and contracts These advices (as a specific asset) need to be emphasized -as such- in the deals and contracts

7. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Accountability. Data Realize what data have been delivered through products, practices, services, info Realize what data have been delivered through products, practices, services, info The main mistake to be avoided at this point is to merge the idea (knowledge) with its concrete manifestation (product or service) The main mistake to be avoided at this point is to merge the idea (knowledge) with its concrete manifestation (product or service) Check when you delivery data if you do so Check when you delivery data if you do so with the product (service, info, practice, etc.) or with the product (service, info, practice, etc.) or with the knowledge to do so with the knowledge to do so These data are -as it was said in the case of the advices- a specific asset to be individualized by itself. These data are -as it was said in the case of the advices- a specific asset to be individualized by itself.

8. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model PROTECTION of the Cree Knowledge Realize that to protect, means several things: Realize that to protect, means several things: Preserve  dynamically Preserve  dynamically Develop  within patrons Develop  within patrons Dispose it overpoweringly :  Prior Informed Consent Dispose it overpoweringly :  Prior Informed ConsentPrior Informed ConsentPrior Informed Consent Allow others to use it  profitablely Allow others to use it  profitablely Interdict other to use it  reasonably Interdict other to use it  reasonably Realize that protective laws may focus on different objectives Realize that protective laws may focus on different objectivesprotective laws protective laws Anyway it is needed: Anyway it is needed: Conceptualization is needed Conceptualization is needed Conceptualization Lawful entitlement Lawful entitlement Lawful entitlement Lawful entitlement Criteria and indicators have to be developed Criteria and indicators have to be developed Criteria and indicators Criteria and indicators SEE ALSO A RELATED ISSUE... CK is not extinct, CK is not a piece of museum

9. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Prior Informed Consent-PIC saying “Yes” is not enough to bind the parties full information – deliberation – assessment - proper making decision are needed those steps are the previous steps of the agreement; without them neither the consent, nor the disposition are valid. IN BRIEF... (click here) PRIORINFORMEDCONSENT indicates that the information must come before approval for access or for other uses the knowledge is given means that it is provided information on: how the resource and/or knowledge will be used; the implications of that use and the benefits (and risks) that it will truly report to the community means permission to use the resource or knowledge, in the agreed terms

10. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Conceptualization Definition choice an appropriate term, or terms, to describe the subject matter; choice an appropriate term, or terms, to describe the subject matter; identification or description the subject matter to be covered by the term or terms selected identification or description the subject matter to be covered by the term or terms selected determination of the scope of the subject matter to be granted legal protection determination of the scope of the subject matter to be granted legal protection (It will be necessary for ) (It will be necessary for Registration)Registration

11. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Register registration of traditional knowledge is a disclosure but not a loss, it builds up prior art and prior rights for the traditional knowledge’s registrants registration of traditional knowledge is a disclosure but not a loss, it builds up prior art and prior rights for the traditional knowledge’s registrantsprior artprior art registration does not imply commercialization, but this is not safely possible without that registration does not imply commercialization, but this is not safely possible without that registration need a homogenous and determined descriptors system registration need a homogenous and determined descriptors systemdescriptors systemdescriptors system registration title may be share between two or more registrants (Nations) registration title may be share between two or more registrants (Nations) registers may (actually, they should) have several classes registers may (actually, they should) have several classesclasses

12. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Prior Art IPR entitlement requests “novelty” IPR entitlement requests “novelty” A person will not be entitled to an IP right if the subject matter: A person will not be entitled to an IP right if the subject matter: was known or used by others was known or used by others was included within any kind of registration and publication anywhere in the world was included within any kind of registration and publication anywhere in the world Who wants to avoid that someone else gets an exclusive IP right on a specific knowledge/practice, shall attain a defensive disclosure easily located by IPR examiners to enact his/her “prior art” Who wants to avoid that someone else gets an exclusive IP right on a specific knowledge/practice, shall attain a defensive disclosure easily located by IPR examiners to enact his/her “prior art”

13. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model TK - Descriptors (for registration) General and common descriptors, such as: General and common descriptors, such as: Claimer Claimer Usage Usage Gender / Age of the practitioners Gender / Age of the practitioners Specific ones according to the category Specific ones according to the category If Medicinal If Medicinal Symptoms Symptoms Preparation Preparation Dosage Dosage Etc. Etc. If Environmental If Environmental If Artistic If Artistic Etc. Etc. Back to EXISTENCE

14. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model TK - Classes The categories determine the knowledge that will be protected and it depends on political and ethnological circumstances: The categories determine the knowledge that will be protected and it depends on political and ethnological circumstances: In India the registration covers medicinal practices In India the registration covers medicinal practices In Panama  textiles stuff In Panama  textiles stuff In Peru  knowledge & practices on biodiversity properties In Peru  knowledge & practices on biodiversity properties Back to EXISTENCE

15. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Entitlement Ownership: Ownership: the Cree People and/or the Cree People and/or the Cree Canadian First Nations and/or the Cree Canadian First Nations and/or the Cree [Waswanipi] Nation and/or the Cree [Waswanipi] Nation and/or the Cree Associations the Cree Associations Disposition  legal representation; according to: Disposition  legal representation; according to: Cree Customary Rules, or Cree Customary Rules, or Political institutions, or Political institutions, or Cree jurisdictions/Canadian jurisdictions Cree jurisdictions/Canadian jurisdictions

16. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Criteria Categories it could be shareable it could be shareable it could be out of commerce (i.e. holy Cree knowledge, its legal possession will be invoked to avoid somebody else uses it) it could be out of commerce (i.e. holy Cree knowledge, its legal possession will be invoked to avoid somebody else uses it)Register Shareable does not automatically mean a commercial or monetary retribution SEE A RELATED ISSUE...

17. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model “Protective” laws CK as a human right CK as a human right ILO 169 ILO 169 UN Pacts UN Pacts CK as an asset CK as an asset CBD, 8° j) CBD, 8° j) IPR systems IPR systems (link to the PP presentation: 2. Getting Cree Knowledge into business) CK as an environmental value CK as an environmental value UNEP/Federal & Provincial Laws UNEP/Federal & Provincial Laws Indians Treaties Indians Treaties Note that: The appropriated legal scheme has to be study case by case according to the goals and objectives to achieve in each case

18. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model EXPLOITATION of the Cree Knowledge Here, exploitation means to link CK to Here, exploitation means to link CK to a concrete field and a concrete field and an effective exercise of rights. an effective exercise of rights. The broadly application is as a human right alluded wherever and whenever a human being is reached as a communitarian being The broadly application is as a human right alluded wherever and whenever a human being is reached as a communitarian being However, the more incipient treatment of this issue is being carry out through property on: However, the more incipient treatment of this issue is being carry out through property on: An intangible asset  IPRs An intangible asset  IPRsIPRs An expertise  Certification An expertise  CertificationCertification So, the link to consolidate the CK should be through a business development So, the link to consolidate the CK should be through a business development (link to the PP presentation: 3. The Animals of the bush know our names. Isaiah Dixon)

19. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model CK as an IPR category IPRs (Intellectual Property Rights Systems) IPRs (Intellectual Property Rights Systems) Patents Patents Utility models Utility models Industrial designs Industrial designs Trade marks Trade marks Breeders’ right Breeders’ right Copyright Copyright Know how Know how Trade Secrets Trade Secrets New IPR category: Traditional Knowledge Disciplined work Advocay

20. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model Cree Certification Criteria for "product/service certification" of materials with cultural content should be established and implemented. Criteria for "product/service certification" of materials with cultural content should be established and implemented. A Cree Certification Board should be established A Cree Certification Board should be established to oversee the management of CK’s Products & Services. to oversee the management of CK’s Products & Services. to examine the production and utilization of cultural knowledge. to examine the production and utilization of cultural knowledge. to grant a “Stamp of Approval” for certified Cree Products & Services to grant a “Stamp of Approval” for certified Cree Products & Services Back to PROTECTION

21. EXISTENCE VALUE PROTECTION EXPLOITATION Waswanipi Cree Forest Model A Cree Knowledge project within the WCMF… If it is decided that the basic structure of the WCMF is available to start a project like this one, it will be needed to appoint: If it is decided that the basic structure of the WCMF is available to start a project like this one, it will be needed to appoint: Human resources Human resources Equipment Equipment Time tables Time tables Links to the actual WCMF’s schedules Links to the actual WCMF’s schedules Some recent attempts have to be analyzed: Some recent attempts have to be analyzed: Philippines Philippines Peru Peru India India Panama Panama Argentina Argentina Each one corresponds to a different political and ethnological scenario so some could be adopted and others avoided!!