We will watch with interest and update you on any further developments. 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. Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. These rights are also hard to quantify, sometimes contain intangible expressions, and are integrally weaved into other cultural aspects. Indigenous Australians continue to call for sui generis legislation to protect Aboriginal and Torres Strait Islander traditional knowledge and cultural expressions. / Hunter, John; Jones, Chris. Chapter 6: Australian seed banks: moving toward seed and seed data collection practice in the context of Indigenous people, knowledge and tradition? 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. Other proposals had mixed support, including use of existing IP systems for IK. Rory O'Neill. 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. 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. A number of … This has prompted some countries to develop their own sui generis(specific, special) systems for protecting traditional knowledge. This submission responds to Intellectual Property (IP) Australia’s Protection of Indigenous Knowledge in the Intellectual Property System consultation paper, published in September 2018. In recent years, the demand for Indigenous cultural products has grown rapidly: Indigenous … Australian states and territories have primary responsibility for the protection of indigenous heritage. In … "Lexology provides a "one-stop" source of informed comment. 9781921862786 (ebook) Notes: Includes bibliographical references. The patents, filed in 1998, have since expired. Anderson, J. This context has both historical and contemporary dimensions. Writers from countries with protection in Australia and Southeast Asia. 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. 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. In August 2019, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System. (2010). 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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. ... Indigenous knowledge, Australia, Aboriginal, Torres Strait Islander, First Nations, IP Australia, Certification Trade Mark. It is no coincidence that 80 percent of the world’s biodiversity is found on Indigenous territories. – the strengthening of Indigenous customary laws. Introduction Indigenous Australian arts and cultural knowledge has been passed down in cultural practice (including ceremonies, on country transmission, paintings, songs, dances, stories etc.) On 3 April 2009, Australia formally gave its support for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). to promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge. Photograph: naufalmq/Getty Images/iStockphoto Lorena Allam 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. Intellectual Property, Indigenous Knowledge, and Climate Change Matthew Rimmer PART V PRIVACY LAW AND IDENTITY RIGHTS 17. Indigenous groups may feel an ongoing responsibility to protect this knowledge as custodians, tasked with passing it on through the generations. 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. 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. Anderson, J. E. (2012). Introducing PRO ComplianceThe essential resource for in-house professionals. ChameleonsEye / Shutterstock.com. Indigenous/traditional knowledge & intellectual property. The World Intellectual Property Organization has been working since 2001 to develop a global system to protect Indigenous knowledge around the world. Of the 339 recommendations, Recommendation 62 identified that there was an alarming over-representation of Indigenous youth in contact with the criminal justice system. Australian states and territories have primary responsibility for the protection of indigenous heritage. 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. 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). Cultural intellectual property is a right that Indigenous people have to protect their traditional art and culture but it can often be overlooked. Our people work with clients to solve their toughest problems, creating new ways forward to help them thrive. The protection of indigenous folklore and knowledge has become a pressing issue both within Australia and abroad. 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 … In the patent space, stakeholders were concerned that publicly registering IK may expose it to, rather than protect it from, exploitation. 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’. Based on this experience, the authors argue for a sui generis legislative regime to protect Indigenous knowledge and culture in Australia. Traditional knowledge is rooted in Indigenous lifeways and relationships with the environment and is valuable not only to Indigenous Peoples, but to all societies. Understand your clients’ strategies and the most pressing issues they are facing. The making of Indigenous knowledge inintellectual property law in Australia. In August, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System (Report). Indigenous … The next generation search tool for finding the right lawyer for you. 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. 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. The Report subsequently led to formal calls for the enactment of sui generis protection for indigenous intellectual property and ECTK. Legislation at the federal level applies to areas of national significance and to the export of certain objects from Australia. 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. Become your target audience’s go-to resource for today’s hottest topics. Indigenous Knowledge: Issues for protection and management This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. In 1991, the Australian Government released the Royal Commission into Aboriginal Deaths in Custody Report. Traditional indigenous medicine: historic asset or mere political move? Traditional knowledge, indigenous knowledge and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations. 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. Title: Indigenous people’s innovation : intellectual property pathways to development / edited by Peter Drahos and Susy Frankel. 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 August 2019, IP Australia released its Consultation Report on Protection of Indigenous Knowledge in the Intellectual Property System. It was against that background that IP Australia launched its investigation into IK in 2016. The Legal Protection of Indigenous and Historic Cultural Heritage in South Australia: A Comparative Study The need to integrate indigenous knowledge-protection protocols into IP Traditional ecological knowledge. 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 … 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. misuse of Indigenous languages, words and clan names; misappropriation and misuse of traditional knowledge, including know-how, practices, techniques and skills; and. 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