Better Ways to Protect Indigenous Knowledge and Cultures Through Intellectual Property

Abstract

Indigenous knowledge can be understood as a network of knowledge, beliefs and traditions that can be preserved and have some commercial value over time. Along with the increasing visibility of indigenous cultures in the global marketplace, there are also significant challenges. These challenges are often related to the physical destruction and utilization of indigenous lands and knowledge. The historical context and uniqueness of indigenous cultures suggest that they require greater attention and special protection under the law. From the current provisions and judgments, some individual authors have been compensated while the rights of the broader indigenous community have not been adequately protected. From an international perspective, the focus of the work of international organizations has expanded to include indigenous peoples' land claims and cultural rights. In addition to various international organizations and related instruments, a number of countries and regions are working to protect the intellectual property rights of indigenous cultures. Australia is a country that is typically faced with the protection of indigenous intellectual property. For Australia, the effective protection of indigenous knowledge remains an issue that needs to be addressed and managed through the legal realm. The positioning of indigenous knowledge in the law is complex and incomplete. Australia has played an important role at the international level, but the actual response within Australia to the international level has been minimal. Australia should therefore recognize and respond to these developments in legislation as soon as possible.