Indigenous Knowledge and Culture In Australia — The Case for Sui Generis Legislation

Abstract

This article makes the case for the implementation of sui generis legislation in Australia for the protection of Indigenous knowledge and culture. The article commences with a review of Australia’s historical engagement with the issue of protecting Indigenous knowledge and culture, and then considers Australia’s international obligations within this context. The article then provides an analysis of what has been implemented across Australia in response to its international obligations. The key issues regarding the protection of Indigenous knowledge and culture are considered together with an analysis of how international developments and domestic studies and reports are addressing those issues. Based on this experience, the authors argue for a sui generis legislative regime to protect Indigenous knowledge and culture in Australia.

Keywords: Indigenous Knowledge, Indigenous Culture, Traditional Knowledge, Traditional Cultural Expressions, Intellectual Property, Sui Generis Legislation, Aboriginal and Torres Strait Islander Peoples

JEL Classification: K10, K20, K32