Indigenous peoples have intellectual property rights over their traditional knowledge. These rights are recognized by international law and should be respected by AI systems. This means that AI systems should not use Indigenous knowledge without proper consent and attribution. It also means that Indigenous peoples should have the right to control how their knowledge is used and disseminated (WIPO, 2017).

Intellectual Property Rights (IPRs) play a crucial role in the preservation and dissemination of Indigenous Knowledge (IK). They provide a legal framework that recognizes and protects the rights of Indigenous peoples over their traditional knowledge. This includes knowledge related to biodiversity, cultural practices, and other forms of traditional wisdom. IPRs can help prevent the unauthorized use or misappropriation of IK, ensuring that Indigenous communities retain control over their knowledge and receive appropriate recognition and benefits from its use (JHEA, 2021).

For instance, the World Intellectual Property Organization (WIPO) has been actively involved in discussions and negotiations aimed at enhancing the protection of traditional knowledge. These efforts are geared towards ensuring that any use of traditional knowledge respects the rights of Indigenous and Local Communities (ILCs), and that these communities have a say in how their knowledge is accessed and utilized. This includes exploring different modalities of protection, such as defensive community patent systems and culture-specific protocols of protection (JHEA, 2021).

In another study, the effects of IPRs on Foreign Direct Investment (FDI) and indigenous innovation were explored. The study found that stronger IPR protection can encourage FDI and innovation, but the effects can vary depending on factors such as skill level and absorptive capacity. It also highlighted the importance of considering the indigenous innovation when considering FDI in newly industrialized or technologically advanced developing countries (Hindawi, 2021).

Hence, IPRs can provide a robust mechanism for protecting IK, but it is essential that these rights are implemented in a way that respects the rights and interests of Indigenous communities. This includes ensuring that Indigenous peoples are involved in decision-making processes related to the use of their knowledge and that they receive fair and equitable benefits from its use (JHEA, 2021; Hindawi, 2021).

Benefit Sharing

If AI systems are used to commercialize Indigenous knowledge, there should be fair and equitable sharing of benefits with the Indigenous communities. This includes financial benefits, but also non-financial benefits such as capacity building and the promotion of Indigenous cultures. Benefit sharing is a key principle of the Nagoya Protocol, an international agreement on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. It ensures that the communities from which the knowledge is derived receive fair and equitable benefits from its use. This principle is enshrined in the Nagoya Protocol, an international agreement that governs access to genetic resources and the sharing of benefits arising from their utilization (WIPO, 2017).

A study on consumer preferences for plant-based products associated with traditional knowledge in Protected Natural Areas of northwest Mexico provides an example of how benefit sharing can work in practice. The study found that consumers were more likely to purchase products that were labeled with information about traditional knowledge of local plants. This suggests that there is a potential demand for products that are developed using IK, which could provide a source of benefits for Indigenous communities (Avilés-Polanco et al., 2021). However, benefit sharing is not just about financial benefits. It also includes non-financial benefits such as capacity building and the promotion of Indigenous cultures. For instance, the involvement of Indigenous communities in the development and implementation of AI systems for IK preservation can contribute to capacity building within these communities. This can promote self-determination and empowerment, which are important non-financial benefits (ICT Inc,2022).

Overall, benefit sharing is a key ethical consideration in the use of AI for IK preservation. It ensures that Indigenous communities receive fair and equitable benefits from the use of their knowledge. This includes both financial and non-financial benefits, which can contribute to the wellbeing and empowerment of these communities.

Conclusion

As we stand at the crossroads of tradition and technology, the journey forward is one of balance and respect. The fusion of Artificial Intelligence and Indigenous Knowledge offers a unique opportunity to preserve and disseminate the rich tapestry of wisdom that indigenous communities have woven over centuries. In this context, AI is not just a tool, but a bridge. A bridge that connects the past with the future, tradition with innovation, and wisdom with progress. It is a bridge that has the potential to span the digital divide and bring the wisdom of indigenous communities to the forefront of the global consciousness. But for this bridge to stand strong, it must be built on a foundation of respect, understanding, and collaboration.

In the context of India, the government’s vision for ‘Amrit Kaal’ is a testament to this approach. The Union Budget 2023-24 emphasizes a technology-driven, knowledge-based economy with a focus on AI, 5G, and sustainability. The aim is to create opportunities with sustainability, leveraging indigenous technologies for higher growth and improving the institutional framework (Budget 2023: Centre’s Vision for ‘Amrit Kaal’ Is a Technology-driven and Knowledge-based Economy,” 2023).

The ‘Amrit Kaal’ vision also includes a focus on promoting ‘Make AI work for India’ and ‘Make AI in India’ that acknowledges the importance of a technology-driven and knowledge-based economy while also recognizing the value of traditional knowledge systems and practices (The Road to Amrit Kaal, 2023).

In conclusion, the balance between AI and tradition is not just about preserving the past or embracing the future. It’s about creating a present that is informed by the wisdom of the past and empowered by the possibilities of the future. It’s about building a world where technology and tradition work together to enhance our understanding, improve our lives, and create a sustainable future for all.

Download Full Paper here :  Balancing Technology and Tradition:

Ethical Considerations in Using AI for Indigenous Knowledge Preservation