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

Trade marks applications can be rejected if they are ‘scandalous or contrary to law’ and designs applications are also checked for ‘scandalous’ content. However, it is not clear whether the registration of trade marks and designs that may offend Indigenous people is prevented by the current Australian legislation. There is also no mechanism for consideration of whether Indigenous people have consented to the use of their Indigenous Knowledge in an application.

Under this proposal, IP Australia would explore measures to prevent registration of trade marks and designs using Indigenous Knowledge without consent or if offensive to Indigenous people.