Indigenous Cultural Intellectual Property (ICIP): Key developments and refreshed hope

Summary

In an engaging discussion led by Trish, the video delves into the key developments and initiatives surrounding Indigenous Cultural Intellectual Property (ICIP) in Australia and globally. With the new government in Australia, there is a renewed focus on integrating First Nations arts and culture into national conversations and policies. The Indigenous program unit at IP Australia is expanding its efforts, including the formation of a new advisory committee. Globally, the World Intellectual Property Organization (WIPO) continues to push for better protection of traditional knowledge and cultural expressions through the Intergovernmental Committee (IGC). These efforts highlight the ongoing commitment to safeguard Indigenous cultural heritage and intellectual property rights.

Highlights

• The Honourable Tony Burke, Australia's new Arts Minister, is committed to a new cultural policy prioritizing Indigenous arts. 🎭
• IP Australia's new advisory committee is set to focus on Indigenous knowledge and intellectual property issues. 📜
• The World Intellectual Property Organization (WIPO) held a meeting focused on traditional knowledge and cultural expressions. 🌐
• Ongoing discussions are aiming at forming new international frameworks for protecting indigenous cultural heritage. 🌏
• The Australia Council for the Arts is planning a national summit to discuss First Nations arts and cultural representations. 🖌️

Key Takeaways

• The new Labour government in Australia is focusing on First Nations arts and culture, with consultations set to take place soon. 🎨
• IP Australia is forming a new advisory committee to address Indigenous knowledge and ICIP issues. 🎓
• Globally, WIPO continues to work on international instruments to protect traditional knowledge. 🌍
• There's a rising interest in First Nations arts and culture protocols being integrated into educational curriculums. 📚
• There's an exciting momentum building around Indigenous voices being heard in the arts and cultural sectors. 🎤

Overview

The conversation kicks off with Trish sharing her acknowledgment of the Indigenous land she's speaking from and setting the stage for a discussion centered around cultural respect and advocacy. As she details, the new Australian government is fostering cultural inclusivity, prioritizing First Nations arts in their broader national policy framework. This marks a proactive step in integrating Indigenous perspectives firmly into national dialogues.

Trish dives into the intricate workings of IP Australia's Indigenous program unit, which is pivotal in shaping how Indigenous knowledge and intellectual property issues are addressed in legal and governmental contexts. The upcoming advisory committee symbolizes an exciting development, feeding into the overarching goal of enhancing protections for Indigenous cultural heritage.

On the international front, the video discusses the role of the World Intellectual Property Organization (WIPO) and its ongoing efforts via the Intergovernmental Committee (IGC) meetings. These discussions are crucial for crafting international instruments designed to protect traditional knowledge and cultural expressions. The narrative underscores a hopeful trajectory as both local and global bodies press onward in fortifying indigenous cultural rights.

Chapters

• 00:00 - 00:30: Introduction and Background The chapter introduces Trish who joins the legal talk series as a guest speaker. Trish's background involves working with arts, indigenous culture, and intellectual property (ICIP). She was suggested by a mutual contact, Del Neverard. Trish participated as a guest speaker during the 2021 NAIDOC Week, which focused on the theme of 'healing country.'
• 00:30 - 02:00: Recent Developments in Indigenous Cultural Intellectual Property (ICIP) This chapter begins by acknowledging the contributions made by indigenous elders and the significance of ICIP, particularly its integration into the intellectual property module of practical guidance, published earlier this year. The discussion revolves around recent developments in Indigenous Cultural Intellectual Property (ICIP) and its wider implications in arts and cultural protocols, highlighting the respect and recognition of traditional custodians in the ongoing discourse.
• 02:00 - 03:30: National Consultations and Advisory Committees The chapter discusses the new government with a new arts minister, Tony Burke, who is committed to a new cultural policy focused on First Nations arts and culture. National consultations related to this new policy will be happening soon.
• 03:30 - 05:30: International Efforts and WIPO's Role The chapter discusses the ongoing initiatives at IP Australia focusing on Indigenous programs. The Indigenous Program Unit at IP Australia engages with the Indigenous Reference Group to develop and finalize the terms of reference for appointing a new advisory committee. This committee is tasked with advising IP Australia on matters related to Indigenous knowledge and issues concerning Intellectual and Cultural Expressions (ICF), particularly in the context of trademarks. This effort highlights the proactive steps being taken to integrate Indigenous perspectives into trademark discussions.
• 05:30 - 07:30: Challenges and Ongoing Discussions The chapter discusses the exciting developments and ongoing work in intellectual property and cultural heritage in Australia. IP Australia is focusing on patent applications, design, and plant breeders' rights, with a promising outlook for the next year. Additionally, efforts are underway in the first nations cultural heritage sector, involving reforms at the commonwealth, state, and territory levels. A new body, the First Nations Cultural Heritage Alliance, is actively working on these issues nationwide.
• 07:30 - 10:00: Hope and Future Prospects for ICIP Protections The chapter discusses the continued efforts and developments with the new labour government towards strengthening First Nations arts and culture protocols. There is a growing interest in integrating these protocols into everyday programs and organizational operations, reflecting their increasing importance in the arts and cultural sector. Additionally, the chapter mentions a recent meeting with the national education curriculum peak body, ACARA, indicating ongoing collaborations and focus on education initiatives related to cultural protocols.
• 10:00 - 15:00: Australian Developments in ICIP The chapter discusses the integration of First Nations protocols into the national arts education curriculum in Australia. It highlights the development of resources for teachers to facilitate this integration. Initially, such initiatives were not anticipated, reflecting significant progress and growing momentum. The chapter celebrates the increased recognition of First Nations artists and cultural practitioners, emphasizing the importance of amplifying their voices within the arts and cultural landscape.
• 15:00 - 21:00: Resources and Further Information The chapter titled 'Resources and Further Information' emphasizes the increasing recognition of indigenous voices and wisdom, particularly in the context of NATO's theme 'Get up, stand up, and show up'. This theme underlines the vital need to amplify indigenous peoples' voices, aligning with efforts in organizations such as RP Australia and the World Intellectual Property Organisation. The discussion reflects on the significance of these voices in global conversations and the advisory work surrounding indigenous rights and representation.

Indigenous Cultural Intellectual Property (ICIP): Key developments and refreshed hope Transcription

• 00:00 - 00:30 Hi Trish welcome to the legal talk series so we  were first introduced by a mutual contact Del   Neverard she suggests that with your background  of working in the arts and indigenous culture   and intellectual property or ICIP you would be  a great person to join us as our guest speaker   for the 2021 nadoc week the theme for that year  was healing country and you spoke about first
• 00:30 - 01:00 nations arts and cultural protocols since then  you've both contributed to a new topic on icip   in the ip module of practical guidance  that was published earlier this year   what can you tell us has happened in  this area in the last couple of months   thanks Rebecca i'd like to start off by  acknowledging that i'm zooming in from bridgical   and gadigal country and pay my respects to elders  past present and emerging and thank them for their
• 01:00 - 01:30 custodianship and stewardship of this  beautiful saltwater country i'm lucky to   live on this year has been really busy there's  a lot happening as most people know we have a   new government labor government and there's also  a new arts minister the honourable tony burke   and he's committed to a new cultural policy which  will have first nations arts and culture upfront   there will be national consultations of  this work happening very soon as well
• 01:30 - 02:00 the work at ip australia continues with  their indigenous program unit that meets   with the indigenous reference group we're just  finalizing the terms of reference to appoint   brand new advisory committee which is also really  exciting and this committee will work on advising   ip australia around indigenous knowledge and  icf issues that they see in terms of trademark
• 02:00 - 02:30 applications patent applications design and  plant breeders rights as well this is a really   sort of new space that ip australia is hoping to  develop the next year which is also very exciting   there's also work happening in the first nations  cultural heritage space around reforms at the   commonwealth and state and territory levels  and there's a new body called the first nations   cultural heritage alliance which is also  working on these issues across the country
• 02:30 - 03:00 and with the new labour government as well and  just continuing on the work with the first nations   arts and culture protocols are really being seen  and heard around the arts and cultural sector   it's really growing interest on how to apply  these protocols into everyday programs as well   as organizations i met with a couple of weeks ago  the national education curriculum peak body acara
• 03:00 - 03:30 and they're also looking at implementing these  first nations protocols within the national arts   education curriculum so just looking at  developing some resources for teachers   in this area as well it's not um something  that was even on the cards i think when we   first started working with you and now  there's just so much happening it's fantastic   it's really great to to see the increased  voices i think in the arts and cultural   space for the need to hear more first nations  artists and and cultural practitioners as well
• 03:30 - 04:00 absolutely and i think people are realizing that  there is a lot of wisdom in these voices too on to   the next question this year's theme for nato quick  is get up stand up and show up to us this means   that the importance of amplifying of the voice of  indigenous peoples is highlighted more than ever   what's your take on this and how does this also  tie in with your work on the indigenous advisory   group with rp australia the world intellectual  property organisation you know i think it's really
• 04:00 - 04:30 exciting to have this theme for nadoc in july  it's really seen as about supporting first nations   self-determined practice and voice as the  country also moves towards the discussions   around you know the uluru statement and having  first more first nations voices in parliament   we now have several first nations politicians  in parliament which is also really exciting
• 04:30 - 05:00 last week i was on beautiful cubby cubby country  on the sunshine coast queensland at the ayatos   summit and the honourable linda bernie who is  the minister for indigenous australians gave a   really accelerating speech and everyone was  really excited to see her and hear from her   so i really think the excitement around having  first nations people lead on first nations issues   around the country and just going back to the  work that's happening at ip australia we can
• 05:00 - 05:30 see that happening also at ip australia they have  more first nations people working at ip australia   there is a indigenous unit led by an indigenous  man matt mcclay and he works really closely   with the advisory group so that first nations  voices can be seen and heard in this ip space   so as to maintain and protect indigenous cultural  ip in the areas of trademarks and patents and
• 05:30 - 06:00 designs as well while we wait for potentially  new law reform in this area to fully protect   indigenous cultural ip and overseas in geneva  at the united nations specialized agency   wipo the world intellectual property organization  they've also continued their discussions   on traditional knowledge they actually had a  meeting last week in geneva and they had a number
• 06:00 - 06:30 of indigenous representatives that attended  that meeting and i'm really looking forward   to also attending the next intergovernmental  committee meeting in september which will focus on   traditional cultural expressions and traditional  knowledge as well sounds fantastic so can you   tell us more about the world intellectual property  organisation or wipo and the traditional knowledge   division work yeah so it's a really interesting  area that i was actually fortunate enough to work
• 06:30 - 07:00 in geneva in 2010 i was the indigenous law  fellow back then so back in 2000 wipo did a huge   fact-finding mission around the world to talk to  different indigenous community representatives   non-government organizations lawyers academics and  also governments around issues to do with digital   knowledge and traditional cultural expressions  and so after this work after they've collated
• 07:00 - 07:30 all the issues wipo then established  in 2001 the intergovernmental committee   on intellectual property and genetic resources  traditional knowledge and folklore that meets   every year to discuss the issues around protecting  traditional knowledge and traditional cultural   expressions and genetic resources so  they meet three times a year in geneva   and the committee is made up of waipo member  states so you know government departments as well
• 07:30 - 08:00 as indigenous representatives and non-government  organizations so there's about 300 people in the   room every meeting and the igc as it's called  is tasked with developing new international   instruments that will better protect indigenous  knowledge and traditional cultural expressions   and so the work that's been happening has been  going on since i said 2001 and there was a meeting   last week and there'll be two more meetings this  year in september and december and it's really
• 08:00 - 08:30 to finalize the draft articles that are in these  instruments there's three instruments that deal   with a whole range of issues that are relevant  to indigenous communities and local communities   as you can imagine it's quite a tough committee  for everyone to obviously agree upon but the work   is still happening countries are still engaged  in this work and these discussions continue it   does take a really long time to develop new  international instruments but it's really
• 08:30 - 09:00 sort of important work that's happening and then  also the traditional knowledge division at waipo   the secretariat for the igoc but also other work  that they do is around sort of capacity building   for countries who want to you know support this  work and implement national legislation around   protecting traditional knowledge so while this  work is happening at the igc countries will also   look at developing their own sort of policies and  guidelines and potentially laws to fully protect
• 09:00 - 09:30 traditional knowledge as well right thanks yes it  would be a tough committee so you said um there's   about 300 people in the room every meeting there's  a lot of people to agree but it's great that it's   making progress the intergovernmental committee  is the igc is it yeah okay so when and why   did wipo decide to establish the igc on ip  and traditional knowledge genetic resources
• 09:30 - 10:00 and folklore yeah i think after the fact mining  mission in 2000 wipo had a really back then a   really sort of supportive director general and  also the current director general i should say   is also very supportive of igc's work but the  director general back then francis francis gary   really wanted to continue this work and  see change happening in this area and so
• 10:00 - 10:30 the wipo set up the igc in 2001 after  hearing a lot of the issues coming   from indigenous communities and advocates  and lawyers in this space that there were   a lot of issues around misuse and misappropriation  of indigenous knowledge and cultural expressions   so they're seeing examples around the world of  knowledge being taken from indigenous communities   and you know no permission being sought no payment  or royalties going back to those communities
• 10:30 - 11:00 across sort of artistic and cultural knowledge  but also around sort of genetic resources so for   example pharmaceutical companies using particular  genetic resources and not getting permission   from communities to use that knowledge and so  this is really why waipo decided to establish   the traditional knowledge division but also to  establish the igc to really talk about these   issues see if there could be anything done and  then in later years you know establish these new
• 11:00 - 11:30 international instruments to protect indigenous  communities and also local communities so they   sort of include you know for example in malaysia  there are cultural different cultural communities   that have their own knowledge and cultural  practices that they want to see protected   all like in many of the caribbean islands they  also have cultural expressions and knowledge   that they also want to see protected so that's why  they say indigenous peoples and local communities
• 11:30 - 12:00 part of this new sort of draft international  instrument that the igc is talking about at weipon   right thank you for that so where is the igc work  up to as i said there was a meeting last week on   genetic resources and the draft instrument  on genetic resources is probably the most   sort of difficult to finalize because there are  so many differing ideas and opinions about where   you know where the protection  should be so for example
• 12:00 - 12:30 some wiper member states and countries want to see  databases established so that indigenous people   and local communities would register their genetic  resources in databases but a lot of indigenous   communities argue well databases are really  difficult for particularly remote communities   where they may not have good access to wi-fi or  they might not have computers or they may not even   you know speak or read and write you know english  or spanish in south america for example and so how
• 12:30 - 13:00 would people be using these databases to put there  and register their genetic resources but also   some communities don't feel comfortable  having a database when they might have   sort of secret or sacred genetic resources they  don't want to register on a register so you know   these types of issues sort of come up when  we're talking about these draft instruments   but the igc uh has the mandate to continue these  discussions for the next couple of years and
• 13:00 - 13:30 then at the wiper general assemblies in october  they normally consider the work of the igc and   decide whether to continue these discussions  to finalize these international instruments   so that's really where the work's up to at  the moment we've sort of had a bit of a hiatus   like everybody in the world because of covert so  you know the last two years yeah the eye disease   right tried to meet online it's obviously that's  really difficult with all the different time zones
• 13:30 - 14:00 in the world so it's good to see that the work  is starting to ramp up again in person in geneva   there's a lot of things going on and yes i could  imagine with having over 300 people in a meeting   it would be a lot more difficult to be able  to have everyone participate online yeah so   do you think there will be new international  instruments that do develop from the igc's work
• 14:00 - 14:30 i am forever hopeful that there will  be international instruments you know   these discussions have been going on  since 2001 and it's 2022 now so i think   that i feel that you know it will take a few  more years for these discussions to continue   but i remember talking to someone at waipu and  they were saying well at least countries are still
• 14:30 - 15:00 involved in these discussions and they haven't  sort of left the igc discussions so there is hope   that these instruments will be implemented and  developed just sort of depends how long they'll   take i think there has been criticism in the  past that it is taking too long but i am always   hopeful that you know we will see new instruments  in this area and i also feel like you know the
• 15:00 - 15:30 world is changing people are wanting to hear  more diverse voices they're wanting to hear first   nations voices in different areas particularly  in the legal areas as well so with that sort of   almost social change i feel like these instruments  will definitely be developed in the future   it definitely sounds like the time  has come yes yes i feel hopeful   yeah so moving back to australia what new  developments are happening here can you tell
• 15:30 - 16:00 us a bit about the work you're doing with rp  australia yeah sure so you know as i said the   the new reference advisory group will be  established at ip australia so there'll be   once the terms of reference finalized there'll  be a call out nationwide for people to join the   indigenous advisory group which will be open  to aboriginal and social islander people   across different areas such as the legal area  but also what community representatives elders
• 16:00 - 16:30 business owners to be part of this advisory  group as well so that's happening as we speak   there's also been the continued work happening at  the federal government level around a committee   that's looking at a scoping study for new  laws to protect icops so that's sort of still   underway that working group has representation  from a number of different federal departments
• 16:30 - 17:00 and it'll be interesting to see how that continues  given we have a new government as well and i think   also with the new arts minister honourable tony  burke um and with with the national cultural   policy and first nations arts and culture as one  of the first principles and pillars of that policy   i think we'll see developments happening in that  area in relation to the cultural policy as well i   know that linda the honourable linda bernie also  talked sort of before the election about looking
• 17:00 - 17:30 at protection of icop as well but we also have on  foot at the moment with the previous arts minister   honourable paul fletcher the national indigenous  visual arts plan so that that was a five-year plan   to also look at better protection for indigenous  visual arts and also icop in that area   and the productivity commission as part of the  2018 parliamentary inquiry into inauthentic
• 17:30 - 18:00 aboriginal and tosha understand art um the  productivity commission is also looking at   work in this area around protection of icip  so we're also waiting to hear from them   around their recommendations from the work  that they were looking at last year as well   so there are a number of different developments  happening in this in this area and it's a very   sort of exciting time as well to work in  the first nations arts and cultural space
• 18:00 - 18:30 yes it is thank you thank you again for that and  what is happening with the national indigenous   arts and cultural authority work at the  australian council yes we are continuing   these discussions at the australia council for the  arts we're sort of acting as the secretariat for   the first nations arts and cultural sector so in  october this year in adelaide we'll be holding a   first nations arts and cultural summit called  and this would bring together first nations
• 18:30 - 19:00 artists and cultural practitioners from across the  country to discuss issues across all different art   forms like visual arts literature music dance  going forward what the sector would like to see   in some sort of you know national first nations  peak body for the arts and so that work is sort of   continuing and we're developing that work  at the moment at the australia council   alongside a lot of the work that is happening  also in the cultural heritage space as well as
• 19:00 - 19:30 the uluru statement work as well so there are a  number of different sort of national discussions   happening around protecting indigenous culture and  ip but also indigenous voices as well at that sort   of national level so we will continue to support  this work at the australian council as well   thank you where can our audience find information  on rcip yeah there's really great resources out
• 19:30 - 20:00 there on indigenous cultural ip or icip so one of  the leading first nations lawyer in this space dr   terry jenke she has her own legal practice and you  can find a lot of resources on her website also   the national community legal center the arts law  center of australia has really good resources as   well and graphic sort of cartoons as well on their  website around icip ip australia also has a number
• 20:00 - 20:30 of different resources under their policy area on  indigenous knowledge a couple of years ago they   developed a really interesting resource around  protecting icop for indigenous businesses as well   so the number of videos on their website as well  and they have a yarn yarning line as well that   businesses can call to find out more information  about how to protect icop terms of ip as well and   then sort of going to the australia council  obviously we have the first nations arts and
• 20:30 - 21:00 cultural protocols on our website that are free  to download as well these principles so these   protocols were developed by dr terry jenke and her  team so they have the 10 true tracks principles   that she has developed over the years so they're  in the protocols as well as 14 case studies   with a number of different indigenous artists and  organizations across the country that we support   that sort of work through those 10 principles in  the protocols and then sort of going overseas wipo
• 21:00 - 21:30 obviously has their traditional knowledge division  that has a number of really good guidelines and   resources on their website as well that you can  download for free so there's a lot of different   organizations that provide information around  icop as well as the obviously the lexus nexus   new icop chapter that darwin and i worked on as  well last year that's wonderful thank you so much   trish and i look forward to catching up with you  again great thank you so much rebecca [Music]
• 21:30 - 22:00 [Music] you