Australian First Nations peoples are expected to benefit from the recently signed Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge by members of the World Intellectual Property Organization (WIPO), which will require patent applicants to disclose the source of their traditional knowledge.
The agreement, signed in Geneva, Switzerland, establishes a form of legal recognition for Indigenous peoples’ traditional knowledge in the international intellectual property system.
“First Nations Australians have been innovating for thousands of years. This landmark treaty will recognise Indigenous peoples’ contributions in the international intellectual property system for the first time,” Foreign Affairs Minister Penny Wong said.
“This new and historic treaty is a key outcome of the government’s commitment to a First Nations approach to foreign policy.”
Ms. Wong, along with Trade Minister Don Farrell and Indigenous Australians Minister Linda Burney, said that the treaty will promote the First Nations people’s unique and diverse export offerings and marks a significant step in further protecting Aboriginal and Torres Strait Islander peoples’ traditional knowledge in Australia.
“Protecting first nations intellectual property is a practical step that will help First Nations people, business, and exporters share in the benefits of trade,” Mr. Farrell said.
Meanwhile, Ms. Burney said the government will continue to support efforts to recognise Indigenous intellectual property rights.
Existing Legislative Frameworks Not Enough to Protect Indigenous Knowledge IP
In the Australian Institute of Aboriginal and Torres Strait Islander Studies’ (AIATSIS) submission to the consultation, published in April 2019, researchers Lisa Strelein and Clare Barcham said that existing legislative frameworks are not designed with Indigenous knowledge in mind.The researchers proposed 10 measures, which all require a whole-of-government approach, to protect Indigenous knowledge.
“The greatest challenge is the inadequacy of legal protections for traditional knowledge. All of the proposals that are aimed at vesting IP rights in Indigenous people may be well intentioned. However, this does not address the fact that the IP rights available to protect Indigenous knowledge remain limited and adequate,” the authors said.
The authors recommended using collective or certification trademarks or geographical indications (GIs) and standardising research protocols and guidelines.
They also proposed to develop and promote standard research and commercialisation agreements; making free, prior and informed consent a requirement for Australian government-funded research programs; and developing a national database of traditional knowledge and genetic resources.
Moreover, the authors suggested to require the disclosure of source for genetic resources in patent applications and providing training and legal support to Indigenous communities.
Lastly, the authors proposed to introduce measures to prevent registration of offensive trademarks and designs; create a database of culturally significant words and images; and imposing a requirement for consent.
“Many Aboriginal and Torres Strait Island peoples and communities do not understand intellectual property rights and what rights or permissions they may be giving up if engaging in licensing or other IP processes,” Ms. Strelein and Ms. Barcham said.
“In addressing this, an approach will need to be adopted which has Aboriginal or Torres Strait Islander peoples as the target audience and a campaign created specifically for this purpose.”
