26 September 2023

IP regulator looks to Indigenous Knowledge

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IP Australia has announced that its Indigenous Knowledge Consultations 2021 are now open until 25 May.

In a statement, IP Australia said it was looking at ways the IP system could better support Aboriginal and Torres Strait Islander people benefit from and protect their Indigenous Knowledge.

“We use ‘Indigenous Knowledge’, or IK, as a term to cover a range of culture and knowledge held and continually developed by Aboriginal and Torres Strait Islander people,” the Agency said.

“If you own, use or work with Indigenous Knowledge, then get involved.”

IP Australia said it was seeking the views of Aboriginal and Torres Strait Islander people, and other Australians, on four topics.

Establishing an Indigenous Advisory Panel, providing a formal Indigenous voice to IP Australia;

Enhancing the process for trade marks and designs, supporting IK owners to benefit from, and consent to, the use of their IK;

Declaring the source of IK in new innovations by encouraging transparency and recognition of IK owners; and

Exploring interest in authenticity labelling by promoting Indigenous products.

IP Australia said that of particular interest to the broader Australian business and research community were the changes it was looking to make around the declaration for new innovations, and the requirements around consent to use Indigenous knowledge.

“There is no requirement in the patent system for applicants to disclose if they have used genetic resources or IK,” it said.

“This can make it difficult for traditional owners to check if IK is being used or commercialised for the purposes it was provided, and for researchers to demonstrate they have done their due diligence.”

IP Australia’s 18-page consultation paper can be accessed at this PS News link.

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