Abstract

Indigenous Australians, Aboriginal and Torres Strait Islanders, have diverse relationships with plants and their seeds. This cultural knowledge has been passed on through the generations, creating a deep history that has produced sophisticated fields of knowledge intimately linked to both diverse cultural geographies and the natural environment across the country. Western scientific, government and private sector commercial institutions have been collecting Australian plant material for over 200 years. Sometimes, such ‘collectors’ obtain the Indigenous knowledge simultaneously with the plant material. On occasions, the culturally-based Indigenous ownership of that knowledge is acknowledged by collectors. However in the majority of instances that has not been the case. Furthermore, different western institutions take different approaches to the collection, management and use of Australian plant material and associated Indigenous plant knowledge. A particular challenge in this arena is the lack of any shared understanding of Indigenous knowledge and intellectual property issues that are involved, and how those might best be addressed. But there is a gathering momentum, from diverse quarters, to face such challenges. This paper aims to contribute to consideration of the issues involved in order to promote more robust inclusion of Indigenous rights, interests and concerns.

Highlights

  • Indigenous1 Australians, Aboriginal and Torres Strait Islanders, have diverse relationships with plants and their seeds

  • This paper aims to contribute to consideration of the issues involved in order to promote more robust inclusion of Indigenous rights, interests and concerns

  • Australia has many plants that are endemic to Australia, and there is a rich Indigenous knowledge base of their uses and applications, Indigenous people could benefit and move towards self-determination if there were changes in the legal landscape

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Summary

International Journal of Rural Law and Policy

ISSN 1839-745x | Published by UTS ePRESS | https://epress. From smokebush to spinifex: Towards recognition of Indigenous knowledge in the commercialisation of plants

Introduction
The smokebush story
The focus of this paper
Indigenous knowledge of plants
Colonising Indigenous Knowledge of plants
Environmental laws
Intellectual property laws
Confidential Information
Trade marks and geographic indications
Land and heritage laws
Ngarrindjeri Regional Authority in SA
Convention on Biological Diversity
Declaration on the Rights of Indigenous Peoples
World Intellectual Property Organisation
Mudjala Plant Patent
University of South Australia and Chuulangun Aboriginal Corporation
Spinifex Case Study
Conclusion
Full Text
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