As part of IP Australia’s Indigenous Knowledge Work Plan 2020-21, and in preparation for next year’s consultations, we’ve published two new research papers by Terri Janke and Company.
The papers help inform the discussion around potential changes to how we examine IP applications that involve Indigenous Knowledge (IK).
IP Australia is exploring measures to prevent registration of trade marks and designs using IK that don’t have appropriate consent, or may be considered culturally offensive to Aboriginal and Torres Strait Islander peoples.
The research paper Options for IP Australia’s Indigenous Advisory Panel considers what the governance structure and functions of an Indigenous Advisory Panel could be, based on existing international and domestic models. The panel’s role would assist with the protection and adequate handling of IK by IP Australia
The research paper Protocols and Processes of Consent relevant to Trade Marks considers existing consent processes for use of IK as they may relate to trade mark applications.
For trade marks that include an Indigenous language, a new requirement could involve asking applicants about the consent they have received and whether this has come from an appropriate cultural authority.