Artwork permission and credit: © Dalmarri.
We've commissioned research and taken opportunities to consult and engage further. Hearing directly from Aboriginal and Torres Strait Islander people and other stakeholders has been extremely helpful in improving our understanding of the issues associated with the protection and management of Indigenous Knowledge.
First Nations people have told us about the importance of consultation and consent when people seek to use Indigenous Knowledge for their business.
We have listened and are working to improve our IP system following the 4 key themes First Nations peoples’ have asked for when it comes to Indigenous Knowledge:
- Control — First Nations people want to be able to control who uses Indigenous Knowledge and how it's used.
- Protection — First Nations people are seeking measures that can be used to stop unauthorised use of Indigenous Knowledge and impose sanctions against misappropriation.
- Recognition — First Nations people want to be recognised as the owners of their Indigenous Knowledge.
- Respect — First Nations people want their ownership of Indigenous Knowledge and the cultural protocols associated with it to be respected.
Indigenous Knowledge Panel
IP Australia has formed an Indigenous Knowledge Panel consisting of 3 Aboriginal and Torres Strait Islander experts. The IK Panel will review and provide feedback on our internal processes and policies regarding Indigenous Knowledge.
Changes to IP rights we administer
Following from consultations in 2021 we are looking at possible changes to the Acts we administer to better support the cultural integrity and economic potential of Indigenous Knowledge held by Aboriginal and Torres Strait Islander peoples.
This includes proposals to enhance the system for trade marks and designs, as well as measures for disclosing the source of patents and plant breeder's rights. There's more work to do, but we've made a start.
Stand-alone legislation
In the National Cultural Policy – ‘Revive: a place for every story, a story for every place’ the Australian Government committed to work with First Nations people to establish stand-alone legislation to recognise and protect First Nations' Traditional Knowledge and Traditional Cultural Expressions.
The Office for the Arts, within the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, has responsibility for progressing the Legislation to Parliament.
We are working with the NIAA, the Office for the Arts and the Attorney General’s Department to establish a partnership between the Government and First Nations people to help develop the legislation in line with Closing the Gap Priority Reforms 1 and 3.
To ensure the legislation is developed in a timely manner, the first stage will address the harm caused by fake art, merchandise and souvenirs, with later stages focusing on broader Indigenous Cultural and Intellectual Property (ICIP) rights.
Discover more on Stand-alone legislation
WIPO Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge
A landmark treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK) was agreed among members of the World Intellectual Property Organization (WIPO) in May 2024. This treaty is the first in WIPO to specifically cover Intellectual Property and Traditional Knowledge and will be binding on all Member States who accede to or ratify it.
The GRATK treaty creates a framework which requires patent applicants to disclose the source of genetic resources and associated traditional knowledge when they have been relied on for an invention. This type of disclosure will increase transparency in the patent system, supporting recognition and tracking for genetic resources and associated traditional knowledge used in new inventions. Increased transparency in patents may encourage collaborations and benefit sharing between traditional custodians and other innovators.
The GRATK Treaty has been signed by Australia, which is the first step in the process of joining the agreement. The next steps involve tabling the treaty in Parliament and it being scrutinised by the Joint Standing Committee on Treaties.
Read the full GRATK treaty on the WIPO Website as well as an summary of the outcomes.
Discussions are continuing in WIPO about further protections for traditional knowledge and traditional cultural expressions. You can find more information online about this work through the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) webpage.
