Measures to prevent registration of trade marks and designs using Indigenous Knowledge without consent or if offensive to Indigenous people

Issue summary

Following earlier previous consultations, IP Australia is looking at possible reforms to trade marks and designs laws systems to address concerns about how Indigenous Knowledge may be used in trade marks or designs. Concerns raised include use of words of imagery from a particular community without consent or consideration of cultural protocols and the use of words or imagery that suggest a connection to Aboriginal or Torres Strait Islander peoples or culture when this is not clear. 
 
Current work is investigating what coverage is provided by current grounds for rejection and possible changes so that IP Australia can be more responsive in cases where there is concern about IK use in trade marks and designs.  

History

• Policy development 8 August 2019

Comments

Relevant papers and reports:

• 2021 Consultation Report - Enhance and Enable Indigenous Knowledge. The report outlines the feedback received through our 2021 consultations and the next steps to enhance the IP system for protection and promotion of Indigenous Knowledge. 
• In 2020, IP Australia released a research paper looking at Indigenous Protocols and Processes of Consent relevant to Trade Marks produced by the Indigenous-owned legal firm Terri Janke and Company. The paper looks at existing Indigenous protocols and consent processes, as part of exploring how they could relate to trade mark processes. 
  
• 2019 Consultation Report – the Protection of Indigenous Knowledge in the Intellectual Property System. This report summarises stakeholders’ feedback received in our 2018-19 consultation on Indigenous Knowledge issues.  

See also IDs 103 and 105.