Indigenous/traditional knowledge & intellectual property. On that date, Australia introduced decimal currency in place of the imperial system (pounds, shillings and pence) inherited from the United Kingdom.' This article discusses some of the issues surrounding interactions between Indigenous Knowledge and Intellectual Property systems. Chapter 6: Australian seed banks: moving toward seed and seed data collection practice in the context of Indigenous people, knowledge and tradition? The protection of indigenous folklore and knowledge has become a pressing issue both within Australia and abroad. The role of Indigenous culture and knowledge in environmental management and law. The review found that key concerns focused on respect and recognition of knowledge ownership and the associated rights; and protection and control of this knowledge (controlling how it is used, preventing unauthorised use outside of these boundaries and providing avenues for sanctions when those controls are breached). These imperatives derive from complex legal geographies: international law (such as the Convention on Biological Diversity and the Nagoya Protocol), State and federal laws, Indigenous customary law, codes of ethics and research protocols. The review found that there was limited understanding on the economic value of Indigenous Knowledge, and that the implementation of legislation would need to address the issues of informed consent and participation of these communities in decisions that would affect them and their cultural heritage. Come for the puns; stay for the intellectual property wrap-up, Partner, Practice Group Leader, Intellectual Property, Patent & Trade Mark Attorneys, Partner, Head of Allens Patent & Trade Mark Attorneys, Allens is an independent partnership operating in alliance with Linklaters LLP. This will be used to consult with the public in 2018 ‘on ways to improve the protection and management of Indigenous Knowledge, and to identify opportunities for Indigenous people to benefit economically from their knowledge’. It is no coincidence that 80 percent of the world’s biodiversity is found on Indigenous territories. This leads to a distinctive disconnect between the way these rights are recognised and the way that IP systems are structured. Of the 339 recommendations, Recommendation 62 identified that there was an alarming over-representation of Indigenous youth in contact with the criminal justice system. In the patent space, stakeholders were concerned that publicly registering IK may expose it to, rather than protect it from, exploitation. In the last decade an increased awareness and attempt to protect the rights and dignity of Indigenous innovation, knowledge, and culture has spread to the realm of intellectual property law. Indigenous Communal Moral Rights (ICMR) ICMR are not legally protected in Australia. LEGAL PROTECTION OF INDIGENOUS CULTURE IN AUSTRALIA Justice Ronald Sackville INTRODUCTION On February 14, 1966, Australia took one of many steps in a still incomplete journey towards severing the ties to its colonial past. The protection of indigenous folklore and knowledge has become a pressingissue both within Australia and abroad. Traditional ecological knowledge. The potential for exploitation of indigenous communities under the rules of IP systems can be a sensitive topic to navigate, especially within the context of colonisation. The agency has also commissioned a discussion paper on Indigenous knowledge issues in Australia. Stakeholders also reiterated Australia's need to ratify the Nagoya Protocol and suggested exploring further how the Australian Consumer Law can more effectively prevent misappropriation of IK. innovation and entrepreneurship). iii Indigenous Land Management in Australia Figures Figure 1 Australian Indigenous languages (Horton 1996) 13 Figure 2 Indigenous interests in country have been recognised to varying extents over more than half of Australia 20 Figure 3 Indigenous land use agreements 21 Figure 4 Indigenous Protected Areas and Australia’s National Reserve System 21 to promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in co-operation with, the … The enactment of ICMR would enable Indigenous communities to prevent unauthorised and derogatory treatment of works that embody community images or knowledge. Here's what it entails. Australian states and territories have primary responsibility for the protection of indigenous heritage. This submission responds to Intellectual Property (IP) Australia’s Protection of Indigenous Knowledge in the Intellectual Property System consultation paper, published in September 2018. greater education and awareness initiatives, as well as legal training and support of Indigenous communities in relation to the IP regime, consent and negotiation. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. One example is the use of time limits in intellectual property – trading off the sharing of knowledge with the wider world for the right to exploit the invention, therefore retaining an incentive to innovate. Traditional indigenous medicine: historic asset or mere political move? Introduction Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of In the late 1990s, Dior conducted investigations into the properties of native plants found in the forests of New Caledonia. International Journal of Cultural Property, 12(3), 345–371. This has also been an ongoing issue in New Zealand, where misappropriation and protection of the Māori culture and heritage is often discussed and debated. to promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge. The World Intellectual Property Organization has been working since 2001 to develop a global system to protect Indigenous knowledge around the world. In August 2019, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System. Although both applied and basic (i.e., epistemological studies) research is encouraged, the Indigenous Knowledge Funding instrument focuses on experimental research which will lead to technology transfer and patents (i.e. Australia does not have a sui generis system for Indigenous Knowledge protection so Indigenous people work within the framework of existing intellectual property, biodiversity and cultural heritage laws. Her work is focused on the philosophical and practical problems for intellectual property law and the protection of Indigenous/traditional knowledge resources and cultural heritage in support of Indigenous knowledge sovereignty. “We also heard that Indigenous Australians want more information about their rights in relation to sharing Indigenous Knowledge … Australian domestic policy provides for the recognition of Indigenous traditional knowledge in its environmental protection regulations, particularly concerning knowledge held by Indigenous people about biological resources. IP Australia has begun developing materials to raise awareness, and intends to draft further proposals for stakeholders and government bodies. Based on this experience, the authors argue for a sui generis legislative regime to protect Indigenous knowledge and culture in Australia. Intellectual property. The Place of Indigenous Knowledge in Tertiary Science Education: A Case Study of Canadian Practices in Indigenising the Curriculum. Background In 2003 the Government released a draft ICMR Bill that extended moral rights protection to Indigenous community ownership in individual artists' expression of traditional knowledge. understanding of Indigenous Knowledge Systems and its role in community life. This article is based on the keynote address by Dr. Ouma at the WIPO Seminar on Intellectual Property and Traditional Knowledge in Geneva, Switzerland, in November 2016.. Local and indigenous communities have used traditional knowledge for centuries. This awareness has driven developments in international law in the Convention on Biological Diversity and the Nagoya Protocol (which Australia signed in 2012, but has not ratified), which introduced frameworks to empower Indigenous communities to protect their IK from exploitation by ensuring they share in the financial benefits of its use. Anderson, J. The report … misuse of Indigenous languages, words and clan names; misappropriation and misuse of traditional knowledge, including know-how, practices, techniques and skills; and. “IP Australia’s consultation revealed a clear need for greater public awareness and understanding about the use and misappropriation of Indigenous Knowledge. x This website uses cookies to improve your experience. The Report, which follows roughly six months of consultation with Indigenous communities and institutions, summarises feedback on the control, protection, recognition of, and respect for, Indigenous Knowledge. The Discussion Paper developed as part of the Review notes that “there is growing recognition of the value of involving Australian communities, particularly Indigenous Australians, more directly in managing the environment.” (p14). Confidential Information and Anthropology: The Politics of the Digital Knowledge Economy Sarah Holcombe 18. IP Australia has concluded a consultation process over the protection of indigenous knowledge, which could lead to the country introducing a ban on ‘offensive’ trademarks. Photograph: naufalmq/Getty Images/iStockphoto Lorena Allam Become your target audience’s go-to resource for today’s hottest topics. Indigenous Cultural Heritage in Australia: The Control of Living Heritages Judith Bannister 19. For example, Indigenous creators of songs, stories, dances and written knowledge would likely receive protection for these works under Australian copyright law. Chapter 4: Asserting cultural interests through the law: issues and innovations. Media production is a dynamic and evolving means of maintaining and preserving Indigenous knowledge, recording a living history of aural and visual culture and language in modern formats. However, shortfalls and gaps in the law mean that many types of Indigenous creations would not fit into these categories. It may also provide a platform for indigenous peoples to pursue their own economic sustainability should they choose. We will watch with interest and update you on any further developments. In partnership with Indigenous communities working on country, the Atlas of Living Australia (ALA) is exploring the role of information management platforms in bridging the boundaries between traditional and contemporary Indigenous knowledge and western science. IP Australia has now released their consultation report, Protection of Indigenous Knowledge in the Intellectual Property System. IP Australia will be conducting ... Indigenous knowledge, Australia, Aboriginal, Torres Strait Islander, First Nations, IP Australia, Certification Trade Mark. (2005). Legislation at the federal level applies to areas of national significance and to the export of certain objects from Australia. It must be protected and supported and emphasis must be placed in transmitting Indigenous knowledge to future generations. (2010). The reliance on Indigenous traditional knowledge in Australia is already well established, particularly in regions In a joint statement with the Senate, Dior said that it "reaffirms its support of Kanak communities" for their "traditional knowledge". Recent examples have included the protection of the haka Ka Mate ahead of the Rugby World Cup in Japan (as displayed in the ads for Heineken), the production of a range of beers with labels that depicting Māori ancestral legends and the debate surrounding the international use of “manuka”, a Māori term, by the honey industries of Australia and New Zealand (as we have previously discussed here, here and here). Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' claims of collective intellectual property rights to protect specific cultural knowledge of their groups. In 2017, Terri Janke and Company was commissioned by IP Australia to develop a series of papers exploring key issues for the protection and management of Indigenous Knowledge in Australia. A number of … Indigenous children make up 37% of Australia’s out-of-home care population but just 6% of the total child population. Legal Protection of Expressions of Folklore (Final Rep~rt),~~ containing analysis of responses to surveys of current mechanisms in various countries. Anderson, J. The last few years have seen IP Australia seek a comprehensive review to understand the nature and issues surrounding Indigenous Knowledge and recently released their work plan. These rights are also hard to quantify, sometimes contain intangible expressions, and are integrally weaved into other cultural aspects. As noted at the outset of this essay, the ‘legal’ issues associated with the protection of Indigenous rights in traditional knowledge arise in a social, political and economic context reflecting the relationship between Indigenous peoples and non-Indigenous societies. Indigenous Knowledge: Issues for protection and management This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge (IK). Our people work with clients to solve their toughest problems, creating new ways forward to help them thrive. However, little attention has been paid to sustainability as it relates to indigenous communities. Bioprospecting and Indigenous knowledge in Australia : valuing Indigenous spiritual knowledge and its implications for integrated legal regimes. Traditional knowledge, indigenous knowledge and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. 9781921862786 (ebook) Notes: Includes bibliographical references. Over the last ... with the term “indigenous knowledge”. The relationship between indigenous/traditional knowledge and intellectual property law is a complicated contemporary legal problem. There is also an economic and innovative cost to blocking all use of knowledge if it can be claimed by those in an Indigenous community. . Currently, there is no legal protection afforded to Indigenous communities to prevent unauthorised and derogatory treatment of works and films that draw on traditional customs or beliefs. The consultations will be run by IP Australia, the Australian Government agency which administers the patents, trade marks, designs and plant breeder’s rights systems, and facilitated by Aboriginal policy advisory firm Inside Policy. Chapter 5: Reclaiming Indigenous knowledge in land and sea management. There are legal and moral imperatives to protect biological resources and the ‘traditional knowledge’ associated with them. protection in Australia and Southeast Asia. This context has both historical and contemporary dimensions. IP and Indigenous knowledge systems stem from different world views and as such, the factors that underpin and distinguish TK and TCEs (collectively held by the community, evolving as the TK passes between generations) are also the factors which present gaps in the ability to protect TK and TCE’s under the present IP legal framework. 25 … That consultation received 12 submissions covering a broad range of issues. Keep a step ahead of your key competitors and benchmark against them. Indigenous intellectual knowledge is often closely linked to the environment or cultural heritage and may be viewed as communal rights rather than those linked to an individual. Australia weighs new laws to protect indigenous knowledge. On 3 April 2009, Australia formally gave its support for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). 5.4.9 Indigenous Knowledge Systems (IKS) Policy, November 2007 171 5.5 International practice in protecting indigenous knowledge systems 171 5.5.1 The protection of indigenous knowledge systems locally 174 5.6 Other relevant legislations 176 5.6.1 The National Heritage Resources Act, No. The protection of Indigenous knowledge’s 1. Biodiversity and biotechnology and the protection of traditional knowledge conference: papers. In August, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System (Report). ", © Copyright 2006 - 2020 Law Business Research. The making of Indigenous knowledge inintellectual property law in Australia. When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the ATSIHP Act), is legislation passed by the parliament of the Commonwealth of Australia to enable the Commonwealth to intervene and, where necessary, preserve and protect areas and objects of particular significance to Australia's Aboriginal or Torres Strait Islander peoples from being desecrated or injured. ChameleonsEye / Shutterstock.com. The objects of the EPBC Act currently recognise the role of Indigenous culture and knowledge: in the conservation and ecologically sustainable use of Australia's biodiversity. Writers from countries with Questions? More on this story. 2 Indigenous Knowledge and the IP Legal Regime – Potential Conflicts 3 The Native Title Question 4 Reform – The Interaction of International and Domestic Law Conclusion Intellectual Property Law and the Protection of Indigenous Australian Traditional Knowledge in Natural Resources. in Australia for the protection of Indigenous knowledge and culture. Chapter 3: Australia and Indigenous knowledge. Her family are from the East Kimberley region in Western Australia. This article discusses sustainability concepts as understood in indigenous and non-indigenous societies, drawing a number of illustrations from the experiences and practices of the Aboriginal and Torres Strait Islander peoples of Australia. The Australian Journal of Indigenous … This has been due to the developmentof a lucrative international trade in indigenous heritage, which has seenmost of the economic benefits diverted to non-indigenous persons and institutions. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. ISBN: 9781921862779 (pbk.) Australian states and territories have primary responsibility for the protection of indigenous heritage. Durham, NC: Duke University Centre for the Study of the Public Domain. Intellectual Property, Indigenous Knowledge, and Climate Change Matthew Rimmer PART V PRIVACY LAW AND IDENTITY RIGHTS 17. During research on patents involving Indigenous communities, Thomas Burelli, a scholar in environmental law from the University of Ottawa, approached the Kanak leaders about what he had discovered regarding the Dior patents and became a consultant in the negotiations. Understand your clients’ strategies and the most pressing issues they are facing. Here are some of our stories. There are also many initiatives underway to document traditional knowledge. In recent years, the demand for Indigenous cultural products has grown rapidly: Indigenous … 'Indigenous Knowledge' is a broad term that includes language, stories, art, practices, techniques, innovations and knowledge about genetic resources, and its ownership is considered integral to the right of Indigenous peoples to self-determination. Indigenous leaders presented arguments that their traditional knowledge had been exploited for Dior's commercial benefit and sought compensation. The report focused on the misuse of Indigenous languages (including clan names), the misappropriation and misuse of traditional knowledge and the use of Indigenous genetic resources. The article commences with a review of Australia’s historical engagement with the issue of protecting Indigenous knowledge and culture, and then considers Australia’s international obligations within this context. By Dr. Marisella Ouma, Intellectual Property Consultant, Kenya. Traditional knowledge is rooted in Indigenous lifeways and relationships with the environment and is valuable not only to Indigenous Peoples, but to all societies. Introducing PRO ComplianceThe essential resource for in-house professionals. This has been due to the development of a lucrative international trade in indigenous heritage, which has seen most of the economic benefits diverted to non-indigenous … The term ‘Indigenous Knowledge' can mean traditional knowledge or expression of Indigenous peoples, which involves their knowledge and use of the environment along with traditional art, stories and dance. The next generation search tool for finding the right lawyer for you. Overview Over the millennia, ... as well as many diverse Indigenous legal systems. 1. A requirement that patent applications disclose their sources, and include a declaration when Indigenous Knowledge is part of the application; A consent requirement for trade mark applications that include or use Indigenous words and images; The development of template agreements and research protocols for businesses, focusing on informed consent from communities and balancing the bargaining power between parties; Providing an Indigenous Advisory Panel to provide input on applications that will use Indigenous Knowledge; The provision of education, as well as legal support and training, where appropriate, of Indigenous communities in the areas of consent of information, negotiation and intellectual property; and. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. developing template agreements and enforceable, standardised research protocols for businesses, to re-balance bargaining power and ensure Indigenous communities are enabled to provide free, prior and informed consent to the use of their IK; requiring patent applications to disclose their sources and declare IK as part of the application where relevant; a consent requirement for trade mark applications that use Indigenous words and images; establishing an Indigenous Advisory Panel to provide input on applications that use IK, so long as such a body is representative and has formal authority; and. Washington University School of … You're invited to a Roundtable consultation to talk about the best ways to protect Indigenous Knowledge. In August 2019, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System. Rory O'Neill. It was against that background that IP Australia launched its investigation into IK in 2016. Traditional knowledge: the challenges facing international lawmakers. This recommendation includes advocating for the “protection of Indigenous knowledges and languages [including] traditional knowledge” which is outlined by the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore under the World Intellectual Property Organization (WIPO). IP Australia has released a report summarising stakeholder feedback on how Australia's IP system can be improved to protect and promote the integrity of Indigenous Knowledge (IK). Material Form: Jane has a Ph.D. in Law from the Law School at University of New South Wales in Australia. The latest consultations, set out in the Report, focussed thematically on three issues: The Report reveals that stakeholders agreed, with some exceptions, to the following proposals: In the patent space, stakeholders were concerned that publicly registering IK may expose it to, rather than protect it from, exploitation. This paper follows consultations IP Australia finalised in 2016 that sought stakeholders’ views on how Indigenous Knowledge could be protected in Australia. 16. February 2017. Cultural intellectual property is a right that Indigenous people have to protect their traditional art and culture but it can often be overlooked. 22-09-2020. Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. The international policy debate on the intellectual property rights of indigenous peoples has advanced from the question of whether indigenous knowledge should be protected to a consideration of how to protect it. / Hunter, John; Jones, Chris. A range of laws applying to or of specific relevance to Indigenous Australians. The need to integrate indigenous knowledge-protection protocols into IP Indigenous Australians continue to call for sui generis legislation to protect Aboriginal and Torres Strait Islander traditional knowledge and cultural expressions. Legislation at the federal level applies to areas of national significance and to the export of certain objects from Australia. Indigenous groups may feel an ongoing responsibility to protect this knowledge as custodians, tasked with passing it on through the generations. – the strengthening of Indigenous customary laws. There was a significant argument that these populations should be allowed to receive the economic benefit for their traditional knowledge if that knowledge would yield commercial benefit to others who use it. The Protection, Promotion, Development and Management of Indigenous Knowledge Act 6 of 2019 intends: to provide for the protection, promotion, development and management of indigenous knowledge; to provide for the establishment and functions of the National Indigenous Knowledge … In effecting the legal protection of traditional knowledge, national governments would indeed be within their legitimate powers, both under the TRIPs Agreement and their commitments to various international instruments on the protection of indigenous peoples.'" © 2020 Allens, Australia, IP Australia moves towards protecting Indigenous knowledge. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. This submission responds to Intellectual Property Australia’s Protection of Indigenous Knowledge in the Intellectual Property System consultation paper, published in September 2018. Subjects: Ethnoscience. More on this story. Formalized protection is considered necessary to ensure the retention and integrity of the knowledge of and for the indigenous people. issues regarding the protection of Indigenous knowledge and culture are considered together with an analysis of how international developments and domestic studies and reports are addressing those issues. 2 Rationale for indigenous traditional knowledge protection One of the possible reasons for the protection of indigenous traditional knowledge is to prevent the knowledge from being exploited by appropriation for financial gains ‘by third parties’ (World Intellectual Property Organization ([n.d. (a)]). The patents, filed in 1998, have since expired. The Legal Protection of Indigenous and Historic Cultural Heritage in South Australia: A Comparative Study Indigenous Knowledge: Issues for protection and management. The consultation report includes a summary of the responses to IP Australia’s original 12 proposed initiatives for the protection and management ICIP included in their consultation paper. Questions around indigenous knowledge protection present issues unlike any other that intel-lectual property law has had to consider. They ask for recognition of their cultural rights within the Australian legal and policy framework. However, existing intellectual property laws offer limited scope for the recognition of Indigenous The details surrounding any compensation or other financial arrangements have not been disclosed. However, a key issue raised was that allowing patents to be filed relating to this collective knowledge could expose these communities and their knowledge to exploitation, rather than protecting them through more regulation. In this way, First Nations media makes an ongoing, active contribution to the maintenance and protection of Indigenous Knowledge. Indigenous/Traditional Knowledge & Intellectual Property I. In … for many generations. Indigenous peoples--Legal status, laws, etc. Please contact customerservices@lexology.com. The submissions indicated to IP Australia that Indigenous Knowledge reaches beyond IP, and that to consider any reforms in the IP policy space, we needed a more holistic view of the issues as Indigenous stakeholders experience … Overview The ALA’s Indigenous ... to contribute to mitigate and adapt to climate change in the national interest. This has prompted some countries to develop their own sui generis(specific, special) systems for protecting traditional knowledge. Digitised Indigenous Knowledge in Cultural Heritage Organisations in Australia and New Zealand: An Examination of Policy and Protocols Authors Kirsten D. Francis Victoria University of Wellington, School of Information Management P.O.Box 600, Wellington, … This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. The Australian Government and Australian Indigenous representatives are active in this process. While the value of indigenous knowledge has changed dramatically in the last ten years, there is not yet an international consensus about how in-digenous rights to the protection of their knowledge systems can be secured, either within an intellectual property regime or through some other over-arching legislative or policy framework. A confidential agreement was reached in late 2019 between Dior and New Caledonia’s Customary Senate. Although legal reform is not yet in sight, businesses sensitive to the protection of IK are encouraged to be proactive in establishing fair terms of negotiation and engagement with Indigenous communities. Reports have noted that Dior never used the plant extracts in their products. Introduction Indigenous Australian arts and cultural knowledge has been passed down in cultural practice (including ceremonies, on country transmission, paintings, songs, dances, stories etc.) Their measures include: Potential changes to how IP Australia examines IP applications involving Indigenous Knowledge will be the subject of further consultation during 2020. In 1991, the Australian Government released the Royal Commission into Aboriginal Deaths in Custody Report. Although legal reform is not yet in sight, businesses sensitive to the protection of IK are encouraged to be proactive in establishing fair terms of negotiation and engagement with Indigenous communities. Other proposals had mixed support, including use of existing IP systems for IK. Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System, Cheese names become stumbling block in free trade negotiations, Thirteen - unlucky for some: Support and sufficiency in Australia following MSD v Wyeth, Sanofi avoid $325M damages claim by Australia's Commonwealth Government, Indigenous Knowledge report highlights need for more awareness of IP protection, Commonwealth Games ‘Borobi’ mascot under scrutiny due to Indigenous links, Valuing footsteps - towards a valuation model of indigenous knowledge and cultural expression for the sustainability of indigenous people's culture, Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill 2016, How Intellectual Property Rights are Human Rights. Their search within the French Pacific territory lead to patents on six extracts, each from plants that had long been used by the Indigenous Kanak people for various medical purposes. This main paper explores the relationship between tradition-based knowledge of Aboriginal and Torres Strait Islander peoples and issues of intellectual property, cultural heritage and economic empowerment. However Indigenous people have also been able to assert their rights For example, using Certification Trade Marks to protect Indigenous arts and crafts, or registering IK on national databases, raised concerns with placing the burden of registration on Indigenous people, rather than those seeking to use their IK. Indigenous … Anderson, J. E. (2012). The UNDRIP sets out the basic standards for the recognition and protection of Indigenous peoples' rights, and outlines individual and collective rights of Indigenous peoples in relation to: self-determination, life and security, language, culture and spiritual identity, education, information and employment, particip… We're adventurers, mentors, survivors, carers and crusaders. IP Australia presented a work plan which aims to address these issues and improve understanding in the use and misappropriation of Indigenous Knowledge. However, traditional knowledge as such - knowledge that has ancient roots and is often informal and oral - is not protected by conventional intellectual property systems. Title: Indigenous people’s innovation : intellectual property pathways to development / edited by Peter Drahos and Susy Frankel. Journal of Indigenous Policy – Issue 6 1 Theme: Respecting and Protecting Indigenous Knowledge (122 pages) Published in July 2006 Cover Artwork: Karen Mills – Artist, is an Indigenous visual artist who lives and works in Darwin, Northern Territory. More recently, WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore renewed its commitment to settle the text of international instruments that will protect traditional knowledge, cultural expressions and genetic resources. The development of communication materials to educate Australians and other parties about the rights of Indigenous people. The Report subsequently led to formal calls for the enactment of sui generis protection for indigenous intellectual property and ECTK. "Lexology provides a "one-stop" source of informed comment. Protecting Indigenous knowledge and culture has long been a concern both within and outside of the legal community.

legal protection of indigenous knowledge in australia

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