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

Natalie Stoianoff and Alpana Roy, 'Indigenous Knowledge and Culture in Australia — The Case for Sui Generis Legislation' (2015) 41 Monash University Law Review 745.

40 Pages Posted: 7 May 2016

See all articles by Natalie P. Stoianoff

Natalie P. Stoianoff

University of Technology Sydney, Faculty of Law

Alpana Roy

University of Waikato

Date Written: December 31, 2015

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

Suggested Citation

Stoianoff, Natalie P. and Roy, Alpana, Indigenous Knowledge and Culture In Australia — The Case for Sui Generis Legislation (December 31, 2015). Natalie Stoianoff and Alpana Roy, 'Indigenous Knowledge and Culture in Australia — The Case for Sui Generis Legislation' (2015) 41 Monash University Law Review 745., Available at SSRN: https://ssrn.com/abstract=2765827

Natalie P. Stoianoff (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Australia

Alpana Roy

University of Waikato ( email )

Private Bag 3105
Hamilton, Waikato 3240
New Zealand
+64 (0) 7 838 4090 (Phone)

HOME PAGE: http://waikato.ac.nz

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