Stand-alone Legislation for Indigenous Knowledge: Interim Scoping Study Consultations

Overview

As part of the Australian Government commitment to establish stand-alone legislation to protect Indigenous Knowledge, its Indigenous Knowledge Working Group is conducting a scoping study on potential elements of stand-alone legislation that would support Aboriginal and Torres Strait Islander peoples to protect and commercialise their Indigenous Knowledge (IK).

IK includes Traditional Knowledge (TK) such as know‐how, practices, techniques and skills, and Traditional Cultural Expressions (TCEs) such as visual imagery, performance, design, words and names. Stand-alone (or sui generis) legislation means an entirely new law or number of laws, outside of the existing Intellectual Property system, created because existing legislation does not have the scope to fully protect IK. 

• Read our interim report to learn about the study and model elements.
• Read our fact sheet on the study.

This consultation is now closed. Join our mail list to receive updates as the work progresses.

The following non-confidential submissions were received during our Interim Scoping Study Consultations: 

• Australian Copyright Council
• Australian Libraries and Archives Copyright Coalition (ALACC) and Australian Digital Alliance (ADA)
• The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
• Arts Law, the Indigenous Art Code and Copyright Agency
• Bowrey, Watson, Regan, Tualima
• The International Trademark Association (INTA)
• Jamukurnu-Yapalikurnu Aboriginal Corporation (JYAC)
• Kimberley Land Council (KLC)
• Law Council of Australia
• National Aboriginal and Torres Strait Islander Music Office (NATSIMO)
• National Library of Australia (NLA)
• National and State Libraries Australasia (NSLA)
• Special Broadcasting Service Corporation (SBS)
• Solid Lines
• Professor Natalie Stoianoff
• Dr Evana Wright

Acknowledgement of Country:

IP Australia acknowledges the Aboriginal and Torres Strait Islander peoples
of Australia. We acknowledge the Traditional Custodians of the lands on
which our agency is located and where we conduct our business.

We pay our respects to ancestors and Elders, past, present and emerging.
IP Australia acknowledges Australian Aboriginal and Torres Strait Islander
peoples’ unique cultural and spiritual relationships to the land, waters and
seas and their rich contribution to society.

Privacy Statement:

Any personal information captured in this consultation will be stored and used in accordance with the Privacy Act 1988 and the IP Australia Privacy Policy. The information collected by IP Australia in this consultation is for the purposes of undertaking policy work with our consultants NintiOne into potential stand-alone legislation to protect Indigenous Knowledge.

The IP Australia Privacy Policy contains information about how you can access or correct the information collected or how to make a privacy breach complaint. Unless required or authorised by law, information collected in this survey will not be disclosed to other recipients outside the Australian Government, including any overseas recipients.

Cover image: “Yuliyin Marradhal Yandhul” meaning Past, Present and Future; this is a combination of the Ngunnawal and Wiradjuri peoples language groups; Dalmarri Pty LTD, image ©