Propiedad intelectual Formación en PI Respeto por la PI Divulgación de la PI La PI para... La PI y… La PI en… Información sobre patentes y tecnología Información sobre marcas Información sobre diseños industriales Información sobre las indicaciones geográficas Información sobre las variedades vegetales (UPOV) Leyes, tratados y sentencias de PI Recursos de PI Informes sobre PI Protección por patente Protección de las marcas Protección de diseños industriales Protección de las indicaciones geográficas Protección de las variedades vegetales (UPOV) Solución de controversias en materia de PI Soluciones operativas para las oficinas de PI Pagar por servicios de PI Negociación y toma de decisiones Cooperación para el desarrollo Apoyo a la innovación Colaboraciones público-privadas Herramientas y servicios de IA La Organización Trabajar con la OMPI Rendición de cuentas Patentes Marcas Diseños industriales Indicaciones geográficas Derecho de autor Secretos comerciales Academia de la OMPI Talleres y seminarios Observancia de la PI WIPO ALERT Sensibilizar Día Mundial de la PI Revista de la OMPI Casos prácticos y casos de éxito Novedades sobre la PI Premios de la OMPI Empresas Universidades Pueblos indígenas Judicatura Recursos genéticos, conocimientos tradicionales y expresiones culturales tradicionales Economía Financiación Activos intangibles Igualdad de género Salud mundial Cambio climático Política de competencia Objetivos de Desarrollo Sostenible Tecnologías de vanguardia Aplicaciones móviles Deportes Turismo PATENTSCOPE Análisis de patentes Clasificación Internacional de Patentes ARDI - Investigación para la innovación ASPI - Información especializada sobre patentes Base Mundial de Datos sobre Marcas Madrid Monitor Base de datos Artículo 6ter Express Clasificación de Niza Clasificación de Viena Base Mundial de Datos sobre Dibujos y Modelos Boletín de Dibujos y Modelos Internacionales Base de datos Hague Express Clasificación de Locarno Base de datos Lisbon Express Base Mundial de Datos sobre Marcas para indicaciones geográficas Base de datos de variedades vegetales PLUTO Base de datos GENIE Tratados administrados por la OMPI WIPO Lex: leyes, tratados y sentencias de PI Normas técnicas de la OMPI Estadísticas de PI WIPO Pearl (terminología) Publicaciones de la OMPI Perfiles nacionales sobre PI Centro de Conocimiento de la OMPI Informes de la OMPI sobre tendencias tecnológicas Índice Mundial de Innovación Informe mundial sobre la propiedad intelectual PCT - El sistema internacional de patentes ePCT Budapest - El Sistema internacional de depósito de microorganismos Madrid - El sistema internacional de marcas eMadrid Artículo 6ter (escudos de armas, banderas, emblemas de Estado) La Haya - Sistema internacional de diseños eHague Lisboa - Sistema internacional de indicaciones geográficas eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediación Arbitraje Determinación de expertos Disputas sobre nombres de dominio Acceso centralizado a la búsqueda y el examen (CASE) Servicio de acceso digital (DAS) WIPO Pay Cuenta corriente en la OMPI Asambleas de la OMPI Comités permanentes Calendario de reuniones WIPO Webcast Documentos oficiales de la OMPI Agenda para el Desarrollo Asistencia técnica Instituciones de formación en PI Apoyo para COVID-19 Estrategias nacionales de PI Asesoramiento sobre políticas y legislación Centro de cooperación Centros de apoyo a la tecnología y la innovación (CATI) Transferencia de tecnología Programa de Asistencia a los Inventores (PAI) WIPO GREEN PAT-INFORMED de la OMPI Consorcio de Libros Accesibles Consorcio de la OMPI para los Creadores WIPO Translate Conversión de voz a texto Asistente de clasificación Estados miembros Observadores Director general Actividades por unidad Oficinas en el exterior Ofertas de empleo Adquisiciones Resultados y presupuesto Información financiera Supervisión
Arabic English Spanish French Russian Chinese
Leyes Tratados Sentencias Consultar por jurisdicción

Orden Administrativa Nº 01 de NCIP, Series de 2012, Directrices de 2012 para la investigación y documentación sobre los sistemas de conocimientos y prácticas indígenas (IKSPS) y las leyes tradicionales (CLS), Filipinas

Atrás
Versión más reciente en WIPO Lex
Detalles Detalles Año de versión 2012 Fechas Publicación: 15 de marzo de 2012 Tipo de texto Normas/Reglamentos Materia Observancia de las leyes de PI y leyes conexas, Recursos genéticos, Expresiones culturales tradicionales, Conocimientos tradicionales, Organismo regulador de PI Notas The Guidelines were issued on March 15, 2012 under Administrative Order No. 01, by the National Commission on Indigenous Peoples (NCIP), an agency of the Government of the Philippines, attached to the Office of the President and responsible for protecting the rights of the Indigenous Peoples of the Philippines.

The National Commission on Indigenous Peoples (NCIP) is an agency of the Philippine government attached to the Office of the President and responsible for protecting the rights of the indigenous peoples of the Philippines.

Documentos disponibles

Textos principales Textos relacionados
Textos principales Textos principales Inglés NCIP Administrative Order No. 01, Series of 2012, The Indigenous Knowledge Systems and Practices (IKSPS) and Customary Laws (CLS), Research and Documentation Guidelines of 2012        
NCIP Administrative Order No. 01, Series of 2012, The Indigenous Knowledge Systems and Practices (IKSPS) and Customary Laws (CLS), Research and Documentation Guidelines of 2012

NCIP Administrative Order No. 1

Series of 2012

The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws

(CLs) Research and Documentation Guidelines of 2012

I. PRELIMINARY PROVISIONS

Section 1. Title. This Guidelines shall be known as “The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws (CLs) Research and Documentation Guidelines of 2012.”

Section 2. Legal Bases. This Guidelines is hereby promulgated pursuant to the Constitution, Republic Act No. 8371 and other pertinent and applicable laws, international covenants, treaties and declarations.

Section 3. Policy Statement. It is the policy of the Commission to:

a. Promote, protect and recognize the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to cultural integrity and to prescribe protection mechanisms at the international and national government levels and within the context of relevant customary laws;
b. Ensure and guarantee the due exercise by the concerned ICCs/IPs of their right to allow or reject, through free and prior informed consent (FPIC), research and documentation of their IKSPs and customary laws and their derivatives; and
c. Regulate the use of IKSPs and customary laws, and ensure that the ICCs/IPs benefit from the use of research output/outcome.

Section 4. Operating Principles. In the conduct of research and documentation of IKSPs and customary laws, the following principles shall be observed:

a. Self-determination. ICCs/IPs have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and the land they own, occupy and use, and to freely pursue their economic, social, and cultural development. ICCs/IPs shall

participate in the formulation, implementation and evaluation of policies,

1

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.

2

f. Protection of Community Intellectual Rights, Cultural Resources/Treasures and Traditional Cultural Expressions. The ICCs/IPs’ community intellectual rights, cultural resources/treasures, religious, cultural sites and ceremonies shall be recognized, respected, promoted and protected from any adverse impact arising from the research activity. As such, actions to identify these adverse risks and impacts must be made and fully disclosed to the community concerned and measures for the elimination of the occurrence of such risks and adverse impacts, or their mitigation must be put in place. Furthermore, the ICCs/IPs shall have the sole and exclusive right to determine the extent, content or manner of presentation of the information or knowledge that may be published or communicated with regard to their religious and cultural beliefs, rituals and/or ceremonial objects and heritage sites.

g. Diversity and Uniqueness of the Culture of ICCs/IPs. The diversity of cultures, traditions, beliefs and aspirations, institutions, leadership and decision making systems of ICCs/IPs shall be recognized and fostered in openness, mutual respect and peaceful co-existence. Research must show appreciation of the unique cultures, histories, traditions, beliefs, languages, institutions and world views of the ICCs/IPs as sources of collective strengths, and shall not be used to sow divisiveness, disunity or discord in society.

h. Participatory. The full participation of the ICCs/IPs, being the culture- bearers/owners, in all levels and stages of the research shall be required. The nature and dynamics of participation of concerned stakeholders shall strictly adhere to customary laws.

i. Culture Sensitivity. The cultural peculiarities and specific circumstances of particular ICCs/IPs shall be respected and given due consideration. Research activities should focus on helping correct historical injustices inflicted on ICCs/IPs since time immemorial and facilitate safeguarding of their cultural and historical heritage.

Section 5. Objectives. This Guidelines is promulgated to achieve the following objectives:

3

a. Promote ethical standards in the conduct and implementation of research concerning ICCs/IPs, their ancestral domains/lands, culture and other resources;
b. Establish a framework for the conduct, monitoring and evaluation of researches concerning ICCs/IPs, their ancestral domains/lands, cultural resources/treasures and traditional cultural expressions, including mechanisms for the protection and promotion thereof;
c. Set the requirements and procedures for ensuring the free and prior informed decision of the ICCs/IPs on any research activity affecting them, their ancestral domains/lands, cultural resources/treasures and traditional cultural expressions;
d. Establish a community registry and/or IP databank to safeguard products or outcomes including derivatives, of research/documentation activities;
e. Institutionalize the sustainability of indigenous knowledge systems and practices and customary laws through cultural resiliency, intergenerational responsibility and re-indigenization;
f. Identify, recognize and appropriately register the ownership of IKSPs by the ICCs/IPs or the IKSP holders and determine the applicability of customary laws.

Section 6. Definition of Terms. For purposes of this Guidelines, the following terms shall be defined:

a. Bioprospecting. It is the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes.
b. Certificate of Validation. It is the certification issued by the authorized IP representatives evidencing that the community is satisfied with the content, extent and manner of presentation of the information or knowledge that may be published or communicated.
c. Community. It refers to the Indigenous Cultural Community.

4

d. Community Property Rights. It is the ICCs’ entitlement to the recognition of the full ownership and control and protection of their cultural and intellectual rights as embodied in Sec. 32 of IPRA.
e. Customary Laws. It is a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs.
f. Indigenous Knowledge Systems and Practices. These are systems, institutions, mechanisms, and technologies comprising a unique body of knowledge evolved through time that embody patterns of relationships between and among peoples and between peoples, their lands and resource environment, including such spheres of relationships which may include social, political, cultural, economic, religious spheres, and which are the direct outcome of the indigenous peoples, responses to certain needs consisting of adaptive mechanisms which have allowed indigenous peoples to survive and thrive within their given socio-cultural and biophysical conditions.
g. IKSP research. It is the gathering and analysis of data, information and facts, with the active and full participation of the ICCs/IPs, on the ICCs/IPs’ IKSP and/or life ways for purposes of gaining knowledge and understanding for its advancement and enhancement, advocacy, basis for policy, plans and programs, decision making and for the continuity and protection of cultural integrity. It includes the four Rs; 1) Recover that from which is possible; 2) Reaffirm that which is relevant; 3) Readopt that which is necessary for the culture and; 4) Recreate or regenerate that which is required through new things.
h. IKSP or customary law documentation. It is a process or a technique to support the IKSP or customary law research or a standalone tool to serve as evidence to support the existence of IKSP and customary laws.
i. IKSP as Sui Generis. This means that IKSPs are “a class of its own” and the collective property of the IC/IP community and 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.
j. Material Benefit. It refers to any type of benefit due the IP community and it may in the form of money, goods, or services. It also includes royalty,
shares from its commercialization, and other benefits.

5

k. Publication. It refers to printed documentation or reproduction of textual graphics or visual materials in print, tri-media or any private documentaries for public use or in any digital form published in the internet.

II. PROJECTS OR ACTIVITIES COVERED

Section 7. Scope and Coverage. This Guidelines shall cover the following researches/documentation:

a. Community initiated or solicited researches. Research activities solicited, commissioned or conducted by the concerned ICCs/IPs themselves to be undertaken within or affecting the ancestral domain.
b. Academic Researches. Those conducted pursuant to a scholastic program and/or researches required to earn a particular academic accreditation or degree.
c. Researches in Aid of Policy. All researches conducted for the purpose of developing policies or programs intended for the benefit ICCs/IPs.
d. Social Researches. These are researches conducted for the purpose of understanding the historical and cultural heritage, as well as nature, social relations and dynamics of IP communities, and those involving their various traditional cultural expressions.
e. Researches necessary to implement the mandates of NCIP. These include all types of researches needed to enforce the mandates of the NCIP including, but not limited to, those involving delineation of ancestral domains/lands and formulation of ADSDPPs by the NCIP or accredited entities and individuals, conduct of FPIC process, those made in aid of legislative proposals, and researches made in relation to its function as an advisor to the President.

III. PROCEDURES/PROCESSES/METHODS

Section 8. Common Provisions. The procedure outlined below shall apply to all researches and documentations, except for the category outlined in:

6

a. Researches and documentations in aid of delineation and titling of AD/ALs conducted by NCIP personnel, the IPs themselves or accredited private entities or individuals;
b. Researches and documentations in aid of ADSDPP formulation conducted by NCIP personnel or accredited private entities or individuals.
In so far as biological and genetic prospecting and commercial research are concerned, the pertinent provisions of NCIP Administrative Order No. 3, Series of 2012 shall apply. Researches and documentation conducted by NCIP personnel and IPs for the purposes of delineation and titling of ADs/ALs shall be governed by NCIP Administrative Order NO. 4, Series of 2012. Researches and documentations conducted by NCIP personnel and IPs in aid of ADSDPP formulation shall be governed by the A.O No. 1, Series of 2004.

Section 8.1. Filing of Application and Payment of Fees. Researchers/project proponents shall file with the concerned regional office the accomplished application form and paying therein the required filing fee in the amount of Five Hundred Pesos (P 500.00).

The accomplished application form shall be accompanied by the following:
1. Research proposal containing the following:
a. identity of the researcher
b. purpose/rationale of the research c. methodologies or methods
d. materials to be used and data gathering instruments e. scope and limitation of the study
f. source of fund
g. period of research and chronology of activities involved
h. a manifestation agreeing to shoulder the administrative costs incidental to the research activities.
2. An undertaking in good faith executed by the applicant that he/she will abide by this Guidelines and/or other requirements.
The filing fee herein shall be reviewed every two years.

Section 8.2. Review and Evaluation of the Application. The TMSD Chief, with the assistance of the Regional Legal Officer, shall review and evaluate the

7

application, attachments and other supporting documents to determine the sufficiency thereof. If on the basis of objective evaluation, the research work proposal is lacking in material points or there is a need to revise the same to make it culturally appropriate, it shall be communicated and remanded to the researcher for compliance.

Section 8.3. Grounds for Denial. The Regional Director, upon recommendation of the TMSD Chief and the Regional Legal Officer, shall deny the application on any of the following grounds:

a. The research involves the intrusive and actual experimentation of human persons that will pose an imminent threat to their life and limb;
b. It involves the excavation or destruction of sacred places or worship grounds or other culturally sensitive areas restricted by tradition;
c. Those that may violate the rights of ICCs/IPs.

Section 8.4. IKSP Team. Upon recommendation of the TMSD Chief that the application is sufficient and meritorious, the Regional Director shall immediately form the IKSP Team. The team shall be composed of the Provincial Legal Officer, Community Development Officer and Tribal Affairs Assistant having jurisdiction of the area subject of the research. The team shall facilitate the proceedings provided in this Guidelines.

Section 8.5. Transmittal. If the application is sufficient, the Regional Director shall send a notice of the sufficiency of the proposed research application to the applicant and the community through their elders/leaders. Thereafter, a meeting shall be called for the purpose of preparing a Work and Financial Plan(WFP) by the applicant and the IKSP Team in consultation with the ICC/IP elders/leaders. The WFP shall be signed by the applicant and approved by the RD.

If the application is insufficient or denied by reason of any of the grounds provided in Section 3 hereof, it shall be returned to the applicant indicating therein the reason/s of the denial. The applicant shall have the opportunity to re-file only
once.

8

Section 8.6. Work and Financial Plan; Contents. The Work and Financial

Plan shall contain the following:
a. Expenses for food and transportation of the IC/IP community elders/leaders and members who will attend meetings, conferences and other activities identified in the succeeding sections;
b. Documentation expenses (e.g. photo and/or video, cassette recording, reproduction of documents);
c. Other logistics costs.
The amount identified in the WFP shall be held by the applicant and to be disbursed for the purposes for which they are intended.

Section 8.7. Conference and Disclosure. Within five (5) days from the approval and signing of the WFP, the IKSP Team shall schedule a conference between the community members and the applicant on a date and at a venue agreed upon by all concerned. The conference shall be held in order to allow the applicant to present the following:

a. The purpose/s of the research b. Parameters
c. Methodologies d. Materials
e. Cost and source of fund of the research
f. Related information on the intended research,
g. Benefits that the community may derive from the research activity h. Data gathering tools
i. Research work plan

Section 8.8. Community Decision-Making. The ICCs/IPs shall be given enough period but not more than thirty (30) days from the termination of the conference within which to decide and issue a resolution expressing their consent or denial, and the grounds thereof to the said research application.

In case the ICCs/IPs accept the research application, they shall, during the decision-making process, identify the selected key informant/s, the extent of the information that may be disclosed to the researcher, possible restrictions and such
terms and conditions which the community may deem appropriate, and the authorized

9

signatory to the memorandum of agreement. Whenever appropriate, youth and women
IP leaders from the community shall be involved in the research activities.
In case of denial by the ICCs/IPs, the IKSP Team shall submit to the RD a report on proceedings conducted together with the resolution of denial by the community.

Section 8.9. MOA Preparation, Negotiation and Signing. Within five (5) days from the manifestation by the concerned ICCs/IPs of their consent to the research application, a memorandum of agreement (MOA) shall be prepared and negotiated by the parties. The NCIP IKSP Team shall facilitate and assisting the drafting and negotiation of the terms and conditions of the agreement.

The terms and conditions of the MOA agreed to by all the parties shall be written in the primary language or dialect spoken and understood by the ICCs/IPs, and translated into English or Filipino. After final review of the MOA by all the parties, the same shall be signed by the authorized ICC/IP representative/s and the researcher. The concerned Regional Director shall sign the MOA after submission by the IKSP Team of their report. A copy of the MOA shall be furnished the Central Office through the OPPR. The MOA shall be the basis for the issuance of the Certification Precondition by the Regional Director.

Section 8.10. Contents of the Memorandum of Agreement. The MOA shall stipulate, among others, the following:

a. The detailed premises of the agreement;
b. All parties involved;
c. Inclusive dates/duration of the agreement;
d. Rights and responsibilities of the parties;
e. The extent of the information that may be disclosed to the researcher, possible restrictions and such terms and conditions which the community may deem appropriate;
f. The benefits to be received by the community;
g. Dispute resolution mechanisms and sanctions for non-compliance with the agreement;
h. Other terms and conditions agreed to by the parties.

Section 8.11. Submission of Report. Within ten (10) days from the conduct of the MOA negotiation and signing, the IKSP Team shall submit to the Regional Director their report and recommendations, together with the resolution of consent issued by

the ICCs/IPs and the MOA signed by the parties for his/her appropriate action.

10

Section 8.12. Issuance of the Certification Precondition. Within ten (10) days from the submission by the IKSP Team of their report and favorable recommendation, the Regional Director shall issue the Certification Precondition.

Section 8.13. Extension of Time. In case the applicant fails to complete the research within the period stipulated, a request for extension may be filed through a letter addressed to the elders/leaders of the community. The grant or denial of said motion shall be embodied in a resolution. A copy of said letter and resolution shall be furnished the Regional Office.

Section 8.14. Output Validation. Within ten (10) days from the completion of the research, the researcher shall present the output to the community for validation. The IKSP Team shall facilitate the conduct of validation. The result of the validation shall be contained in a resolution to be issued by the community indicating therein the ICCs/IPs’ general impression on the genuineness of the output and compliance to the MOA and research process. A Certificate of Validation shall also be issued by the ICCs/IPs immediately after the conduct of the validation process.

Section 8.15. Certificate of Validation. The certificate of validation refers to the certification issued by the authorized ICC/IP representatives evidencing that the researcher presented his/her research output to the community for validation and that the ICCs/IPs are fully satisfied with the content, extent and manner of presentation of the information or knowledge that may be published or communicated.

Section 8.16. Submission of Output. A copy of the validated and approved research output shall be submitted to the community registry, Regional Office, Central Office, through the OPPR pursuant to Part VII of this Guidelines, and the NCIP Central Office Library, through the OECH.

Section 8.17. Publication. The community shall have the sole and exclusive right to determine the extent, content or manner of presentation of the information or knowledge that may be published or communicated if the research output pertains to their religious, cultural beliefs, ceremonial paraphernalia or sites. Such determination must be clearly outlined in the memorandum of agreement or in any document appended thereto and referred to therein.

Before a research can be published, the researcher must provide a translation of his/her major findings and recommendations, as well as the pertinent research
documentation, to the indigenous community concerned who shall have the right to

11

comment and/or to correct factual data. A Certificate of Validation shall be necessary before publication.

Section 9. Benefits. The community shall be entitled to material benefits as royalty, user fees and other benefits as herein below provided:

a. Final research output. The researcher shall furnish the community a copy of the final and approved version of the research output.
b. Royalty. This fee is the share of the community from the income derived from the use of the research output in an amount as provided in the MOA. Royalty must be paid to the ICCs/IPs from any income derived from the use of the research output.
c. User Fees. This fee is due from commercial users of various IKSPs or unprotected materials that are not subject to copyright or any derivative thereof.
d. Other benefits that redound to the benefit of the entire community. Non- monetary forms that are acceptable to all parties should be explored.

Section 10. Exception to the Process. Sections 8.1 to 8.17 and the above requirement on benefits shall not apply to researches undertaken by pupils and high school students to complete requirements for subject courses or in finishing basic education.

Section 11. Researches and Documentations by the NCIP. For researches and documentations necessary to implement the mandates of the NCIP, the following procedure shall apply:

Section 11.1. Transmittal. The letter of intent, together with the project proposal containing the purpose, methodology, the process or procedure of the research, shall be submitted to the IP community concerned.

Section 11.2. Conference and Disclosure. Within five (5) days from the transmittal of the project proposal, a conference between and among the community members and NCIP representative/s shall be called in order to allow the latter to

present the following:

12

a. The purpose/s b. Parameters
c. Methodologies d. Materials
e. Benefits that may be derived by the community from the research activity f. Data gathering tools
g. Research Work Plan
h. Related information on the intended research

Section 11.3. Community Decision-Making. The community shall be given fifteen (15) days from the termination of the conference to make a decision whether to accept or deny the proposal.

If the proposal is accepted, a resolution of acceptance shall be issued by the community. Otherwise, a resolution of denial shall be issued by the community stating the reasons therein.

Section 11.4. Output Validation. Immediately after the completion of the research or documentation, the output shall be presented to the community for validation. The IKSP Team shall facilitate the conduct of validation. The community shall have the sole and exclusive right to determine the extent and content of the research and the decision whether to publish or not the research output. The result of the validation shall be contained in a resolution to be issued by the community indicating therein the community’s general impression on the genuineness of the output.

Section 11.5. Submission of Output. A copy of the validated and approved research output shall be submitted to the community registry, Regional Office and Central Office, through the OPPR, pursuant to Part VII of this Guidelines.

IV. RESPONSIBILITIES OF THE PARTIES

Section 12. Responsibilities of the Community.

a. Establish a registry of completed research output;
b. Inform and/or orient the researchers of the cultural sensitivities of the community (taboos, dos and don’ts);
c. Ensure that all concerned sectors in the community are properly
represented in the consensus building.

13

Section 13. Responsibilities of the Researcher.

a. Comply faithfully with the provisions of the MOA duly entered into between the parties;
b. Consider and respect cultural sensitivities of the concerned community;
c. Observe transparency to the community in the presentation of the proposed research and the conduct of all activities related thereto;
d. Submit a copy of the research output to the community and the NCIP;
e. Comply with the provisions of this Guidelines.

Section 14. Responsibilities of NCIP.

a. Ensure compliance with the provisions of this Guidelines;
b. Facilitate and coordinate the whole activities;
c. Assist the IPs in the crafting and execution of agreements;
d. Ensure protection of the rights and benefits of the IPs as regards the conduct of research, their degree of participation;
e. Monitor compliance of the terms and conditions of agreements entered into;
f. Ensure that the community intellectual rights of the ICCs/IPs on the research output are properly respected and enforced;
g. Come up with a registry of researchers and research organizations with complete profile for monitoring and evaluation purposes;
h. Assist the ICCs/IPs in establishing a registry of research or documentation outputs.

V. DISPUTE RESOLUTION/MANAGEMENT

Section 15. In case of conflict/dispute, the principle of primacy of customary laws shall apply. In all disputes, referral to the Council of Elders/Leaders is mandatory and the same shall be resolved in accordance with the customary mode of dispute settlement. If unresolved, the parties can resort to the Rules on Procedures, Pleadings and Practice before the NCIP (AC #1 series of 2003).

VI. SANCTIONS

Section 16. Failure to comply with the terms and conditions of their agreements and violation of any of the provisions of this Guidelines shall be subject to the following sanctions without prejudice to the filing of criminal, civil and

administrative proceedings as the case maybe.

14

a. Violation by the IP community shall be penalized in accordance with the customary law of the community;
b. Violation committed by the Researcher shall constitute a ground for the termination of the research activity. An order of termination shall be issued by the Regional Director after due notice and hearing;
c. Violation committed by NCIP officers or employees shall subject him/her to administrative liability.

VII. DATA BANKING

Section 17. Establishment of a Registry of IKSP and CL. Pursuant to Section 46(b) the IPRA, the NCIP shall establish a registry of IKSP AND CL, through the activation of the Research Center under the OPPR, which shall be the depository of all ethnographic information, including researches and documentations defined under this Guidelines.

In accordance therewith, any and all researches and documentations conducted, whether published or not, initiated or solicited by the community themselves or by a non-member of the community shall be filed, registered and recorded with the Community Registry and Research Center of the OPPR.
The communities shall provide copies of any and all researches and documentations, approved by them and/or published with their consent, pertaining to them and/or conducted within their ancestral domain, to the appropriate NCIP Regional or Provincial Office and to the Central office, thru the OPPR-Research Center.
The said copies shall be submitted within thirty (30) days from the validation and approval by the community.
The community covered shall likewise maintain its own Registry of any and all researches on IKSP and CL conducted within and affecting their ancestral domain.
The OPPR, in coordination with LAO, shall provide the procedures and guidelines by which these Registries shall be maintained by the community concerned.
The OPPR shall likewise devise the guidelines regarding the use of the research materials and/or works and materials derived therefrom, provided that the right of the
community as to the publications of said researches, documentations, works and/or

15

materials are respected. The intellectual property rights of its owner and/or its author shall be of paramount consideration in its publication and/or use by the NCIP.

Section 18. Ownership Rights. The rights to researches and documentations whether published or unpublished, shall rightfully belong to:

a. The community, whether initiated, solicited or conducted by the community themselves, undertaken within or affecting the ancestral domain.
b. The community and the research proponent, jointly, for researches or documentations conducted by non-members of the community, undertaken within and affecting the community concerned and/or its ancestral domain.
They shall have joint rights to all works and materials resulting from such research, whether or not the same is published or communicated in any medium.
In the event that the research or documentation output are sought to be protected by the research proponent such copyright shall involve the community concerned in the said research or documentation.

VIII. FINAL PROVISIONS

Section 19. Special Provision. Previous documentation and research outputs shall be included in the registry of the community and the NCIP after validating the same with the concerned ICCs/IPs.

Section 20. Saving Clause. This Guidelines will not in any manner adversely affect the rights and benefits of the community under other conventions, recommendations, international treaties, national laws, awards, customs and agreements.

Section 21. Separability Clause. If any provision of this Guidelines or the application of such provision to any circumstances is held invalid, other provisions shall not be affected thereby.

Section 22. Effectivity. This Administrative Order shall take effect fifteen (15) days upon its publication in a newspaper of general circulation and registration at the UP Administrative Register, UP Law Center, Diliman, Quezon City, Philippines.

APPROVED, this 15th day of March 2012, Quezon City.

16

Atty. PERCY A. BRAWNER

Commissioner

CONCHITA C. CALZADO

Commissioner

DIONESIA O. BANUA

Commissioner

COSME M. LAMBAYON

Commissioner

SANTOS M. UNSAD

Commissioner

Atty. ROQUE N. AGTON, Jr.

Commissioner

ZENAIDA BRIGIDA H. PAWID

Chairperson

17

Application Form

IKSP and Customary Laws Research and Documentation

Name of Applicant: Residential Address:

Office/Business Address:

Contact Number:

Purpose of the Research:



Funding Source: Proposed Timeframe of Research: Proposed IC/IP community/ies where research will be conducted:





Name and Signature of Applicant

Date

x--------------------------------------------------------------------------------------------------------------x

To be accomplished by NCIP staff

Date:

Application Fee Official Receipt No. Attachments Submitted:





Remarks:




18



Name, Signature and Designation of NCIP Staff

Certificate of Validation

This is to certify that a validation of the research/documentation output was conducted on (date)in (place) where the (researcher) presented the translated version of the research output, including his/her findings and recommendations.
We find the information contained therein to be factual and properly reflective of our customs, traditions, beliefs and IKSPs. We have also agreed and are satisfied with the content, extent and manner of presentation of the information and knowledge that
may be published or communicated by the (researcher).
Name and Signature of elders/leaders or authorized representatives
Date
*translate into Filipino or local dialect

19


Legislación Implementa (1 texto(s)) Implementa (1 texto(s))
Datos no disponibles.

N° WIPO Lex PH190