25 September 2023

Trailblazing paper for Indigenous IP

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A new discussion paper on the protection of Indigenous knowledge in the context of managing intellectual property.

The paper, Indigenous Knowledge: Issues for Protection and Management, was prepared by an Indigenous law firm and explores the relationship between tradition-based knowledge of Aboriginal and Torres Strait Islander peoples and issues of intellectual property, cultural heritage and economic empowerment.

IP Australia said the paper canvassed a variety of solutions but did not represent its official position.

“This paper follows consultations IP Australia finalised in 2016 that sought stakeholders’ views on how Indigenous knowledge could be protected in Australia,” the Agency said.

“The submissions indicated to IP Australia that Indigenous knowledge reaches beyond intellectual property, and that to consider any reforms in the intellectual property policy space, we needed a more holistic view of the issues as Indigenous stakeholders experienced them.”

It said it had worked with the Department of Industry, Innovation and Science to commission Terri Janke and Company to develop the independent paper exploring what it viewed as the key issues for the protection and management of Indigenous knowledge in Australia.

“This paper reflects the views and opinions of Terri Janke and Company as experts in the field of Indigenous knowledge and canvasses a variety of solutions,” IP Australia said.

It said the paper did not represent a position of the Australian Government.

“IP Australia looks forward to using this paper as a useful reference point for consultations on Indigenous knowledge issues later in 2018,” IP Australia said.

The 134-page discussion paper can be accessed at this PS News link.

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