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.
participate in the formulation, implementation and evaluation of policies,
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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.
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.
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.
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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.
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.
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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.
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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.
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.
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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.
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.
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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.
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.
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.
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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.
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
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
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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.
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.
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.
the ICCs/IPs and the MOA signed by the parties for his/her appropriate action.
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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
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comment and/or to correct factual data. A Certificate of Validation shall be necessary before publication.
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.
present the following:
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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
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.
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.
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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.
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.
administrative proceedings as the case maybe.
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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.
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
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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.
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.
APPROVED, this 15th day of March 2012, Quezon City.
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Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Chairperson
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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:
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Name, Signature and Designation of NCIP Staff
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
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