Introduction: IP Australia and the Office for the Arts (Cth) brochure, Finding the Way: a conversation with Aboriginal and Torres Strait Islander People seeks feedback from Indigenous people to share stories and insights on future directions about Indigenous knowledge and intellectual property.
The Aboriginal and Torres Strait Islander Arts Board (ATSIAB) of the Australia Council for the Arts promotes the recognition of Indigenous cultural and intellectual property and the importance of Aboriginal and Torres Strait Islander people to control their cultural assets and knowledge. We are pleased to present this document with comments and suggestions to improve the current intellectual property law framework to better protect Indigenous knowledge and cultural expression.
Our submission will focus on the cultural expression and artistic applications of Indigenous Knowledge. Our paper discusses:
1. The rationale for future directions for greater recognition of Indigenous knowledge and cultural expression.
2. The existing intellectual property framework in Australia.
3. Trade practices and misleading and deceptive conduct.
4. Contracts and enforceability.
5. Effectiveness of protocols – case study ATSIAB Art form protocols.
6. New law on the protection of Indigenous knowledge and cultural expression.
7. The establishment of a National Indigenous Cultural Authority. There have been a number of significant reports that have canvassed this topic.
See Appendix A for a list of main reviews and inquiries.
Case studies on traditional knowledge and cultural expression and the IP framework are included at Appendix B.