Exploring Indigenous Cultural IP

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

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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]
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