Australia weighs new laws to protect indigenous knowledge
Australia will consider a special trademark certification and stand-alone legislation aimed at protecting the IP of indigenous communities.
In a policy document published this month, the Australian government acknowledged that IP’s emphasis on individual ownership is out of step with indigenous culture.
IP Australia has also published an updated Indigenous Knowledge Work Plan this month to include the new policy commitments.
In the Australian context, the term ‘indigenous knowledge’ covers the cultural, scientific, and intellectual knowledge of Aboriginal and Torres Strait Islander people, also sometimes referred to as Australia’s “First Nations”.
It includes two distinct categories—traditional knowledge, which covers skills, practices, innovations, and know-how; as well as traditional cultural expressions.
IP Australia’s work plan, first published last December but updated this month, identifies a total of 13 proposals aimed at improving the level of IP protection offered to Australia’s indigenous people.
The plan was updated to reflect the Australian government’s response to a parliamentary report on the impact of inauthentic art and craft in the style of First Nations peoples.
In a document published this month, the government said it “agreed in principle” with a new Certification Trademark scheme for authentic First Nations art and crafts, as recommended by a parliamentary committee.
IP Australia’s updated work plan now says the office will investigate the level of support for such a scheme, with a report to be published late next year.
The government will also consider the benefits of stand-alone legislation to protect indigenous knowledge.
“IP laws focus on individual ownership and do not reflect the emphasis of custodianship over proprietorship that is fundamental within Indigenous culture,” the government statement said.
An IP Policy Group is expected to deliver a report on the issue to the government in May 2022.
Other proposals listed in the work plan include a commitment to explore the use of blockchain technology in the form of an Indigenous IP Trust Badge. This is envisaged as a digital stamp of authenticity for indigenous people to promote their products. IP Australia said it hoped to launch a pilot scheme late this year or early 2021.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories sent like this straight to your inbox
Today’s top stories
The history and purpose of section 1782: will courts permit discovery into documents located abroad?
USPTO official named as new Copyright Office head
