Artwork permission and credit: © Dalmarri.
Types of IP
Australia supports the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The UNDRIP international charter upholds the right of Indigenous peoples to maintain, protect and develop the past, present and future use of their cultures.
ICIP includes both tangible and intangible traditions. Tangible property, things you can see and touch, such as:
- cultural objects
- art pieces
- performances
- languages.
Intangible property – - are traditional practices and knowledge, such as:
- wisdom passed down through generations
- storytelling traditions
- ancient methods and skills.
ICIP also extends to modern recordings, depictions and the digital storage of Indigenous culture:
- books
- movies
- music
- online databases.
Also, it’s important to note that some Indigenous Knowledge is regarded as secret and sacred. This knowledge is not meant for business use and includes:
- secret ceremonies
- sacred songs.
Some knowledge could be used commercially, but consent from the Traditional Owners should be sought and protocols attached to its use should be observed.
Integrating ICIP within existing IP laws presents challenges. Current copyright protection and Australian IP laws might protect individual pieces of art or designs, but they often don’t protect the traditional ways and skills used to make them.
Many of these traditions, like how plants are used or the right to tell a story may be communally owned and are shared by the community.
To safeguard your business idea or understand more about IP and the use of Indigenous Knowledge, you may find the early guidance of an IP attorney useful in your business planning.
Choosing the right protection
Not everything needs to be protected through an IP right. The best approach depends on what is important to your business and what you are trying to achieve.
If you have something that gives your business value, such as a brand, product design, invention or plant variety, protecting it may help you grow, compete in the market or create new opportunities.
In other situations, confidentiality agreements, contracts or other arrangements may be more appropriate.
Before applying, consider how IP protection would support your business goals and whether you are comfortable with the responsibilities involved. Many forms of IP protection require ongoing time, cost and effort to maintain and enforce.
When deciding whether to apply, ask yourself:
- Would an IP right help me achieve my business goals?
- Is it a business asset, cultural knowledge or both?
- Do I have any cultural permissions, agreements or approvals that I need first?
- Am I comfortable with the time, cost and responsibility involved?
Remember that an IP right may protect a specific creation, but it may not protect the cultural knowledge, stories, traditions or responsibilities connected to it.
Registering an IP right also does not, by itself, demonstrate permission or community consent.