New research from IP Australia has been released to help inform discussion on potential changes to how it examines intellectual property (IP) applications that involve Indigenous Knowledge (IK).
IP Australia said the two research papers, by Terri Janke, were part of its Indigenous Knowledge Work Plan 2020-21.
“IP Australia is exploring measures to prevent registration of trade marks and designs using IK that don’t have appropriate consent, or may be considered culturally offensive to Aboriginal and Torres Strait Islander peoples,” IP Australia said.
“The research paper Options for IP Australia’s Indigenous Advisory Panel considers what the governance structure and functions of an Indigenous Advisory Panel could be, based on existing international and domestic models,” it said.
“The panel’s role would assist with the protection and adequate handling of IK by IP Australia.”
IP Australia said the research paper Indigenous Protocols and Processes of Consent relevant to Trade Marks considered existing consent processes for use of IK as they may relate to trade mark applications.
“For trade marks that include an Indigenous language, a new requirement could involve asking applicants about the consent they have received and whether this has come from an appropriate cultural authority,” it said.
The five-page Options for IP Australia’s Indigenous Advisory Panel paper can be accessed at this PS News link and the 45-page paper Indigenous Protocols and Processes of Consent relevant to Trade Marks at this link.
