Garuwanga: Forming a Competent Authority to protect Indigenous knowledge - Final Report

Indigenous Knowledge Forum 2022

UNSW Business School Research Paper Forthcoming

171 Pages Posted: 26 Jun 2024

See all articles by Natalie P. Stoianoff

Natalie P. Stoianoff

University of Technology Sydney, Faculty of Law

Michael Davis

University of Technology Sydney

Gavin Andrews

Independent

Frances Bodkin

Independent

Virgina Marshall

The Australian National University

Anne Poelina

University of Notre Dame Australia

Ian Perdrisat

Independent

Paul Marshall

Independent

Gawaian Bodkin-Andrews

Independent

Evana Wright

University of Technology Sydney (UTS)

Bradford Morse

Thompson Rivers University, Faculty of Law; University of Waikato; University of Ottawa - Common Law Section

Neva Collings

Independent

Andrew Mowbray

University of Technology Sydney, Faculty of Law

Ann Cahill

Independent

Marie Geissler

University of Wollongong, Wollongong NSW Australia; National Museum of Australia; Law Faculty, University of Technology

Fiona Martin

UNSW Business School

Alexandra George

University of New South Wales (UNSW)

Daniel Robinson

University of New South Wales (UNSW) - Institute of Environmental Studies

Date Written: June 19, 2023

Abstract

This document reports on the outcomes of the ARC Linkage funded project, Garuwanga: Forming a Competent Authority to Protect Indigenous Knowledge (the Garuwanga Project).

The Garuwanga Project employs the Nagoya Protocol as the basis upon which the research seeks to explore possible options in Australia for implementing the Protocol’s provisions regarding competent authorities for the protection, administration and management of Indigenous knowledge. The Nagoya Protocol came into force on 12 October 2014, and has already been ratified by 138 United Nations (UN) member states including the European Union. Implementation of the Protocol requires the establishment of national focal points and competent national authorities (which may be one and the same). Such authorities, if created as non-government organisations and/or if governed by representatives of the communities they are intended to protect, could assist Indigenous communities to achieve self-determination in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

This report outlines the forms of competent authorities already established by other nations to protect Indigenous knowledge as well as the legal and governance structures already utilised by Indigenous communities in Australia to protect their knowledge and culture.

A key feature of this project is the Indigenous governance principles developed to evaluate Australian-based organisations that could provide potential models for such a competent authority. With the assistance of these principles and the outcomes of the Garuwanga Project 'on Country' consultations, the project has proposed a tiered approach for competent authorities to operate in Australia starting with the local or regional level and being supported by a reporting and standard-setting body at the national level. A national level organisation of this kind may form the Australian national competent authority as provided for under the Nagoya Protocol.

Keywords: Indigenous knowledge, Traditional knowledge, Traditional cultural expressions, Nagoya Protocol, UNDRIP, Competent Authority, Intellectual Property, ICIP

JEL Classification: K20, O34, K11, Q56, Q57

Suggested Citation

Stoianoff, Natalie P. and Davis, Michael and Andrews, Gavin and Bodkin, Frances and Marshall, Virginia and Poelina, Anne and Perdrisat, Ian and Marshall, Paul and Bodkin-Andrews, Gawaian and Wright, Evana and Morse, Bradford and Collings, Neva and Mowbray, Andrew and Cahill, Ann and Geissler, Marie and Martin, Fiona Anne and George, Alexandra E. and Robinson, Daniel, Garuwanga: Forming a Competent Authority to protect Indigenous knowledge - Final Report (June 19, 2023). Indigenous Knowledge Forum 2022, UNSW Business School Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4483895

Natalie P. Stoianoff (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Australia

Michael Davis

University of Technology Sydney ( email )

Gavin Andrews

Independent ( email )

Frances Bodkin

Independent ( email )

Virginia Marshall

The Australian National University ( email )

Anne Poelina

University of Notre Dame Australia ( email )

29 Shepherd St. Level 1
Sydney, New South Wales 2008
Australia

Ian Perdrisat

Independent ( email )

Paul Marshall

Independent ( email )

Gawaian Bodkin-Andrews

Independent ( email )

Evana Wright

University of Technology Sydney (UTS) ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

Bradford Morse

Thompson Rivers University, Faculty of Law ( email )

805 TRU Way
Kamloops, British Columbia V2C 0C8
Canada
250-852-7267 (Phone)
250-852-7641 (Fax)

HOME PAGE: http://https://www.tru.ca/law/faculty-staff/faculty/bradford-morse.html

University of Waikato ( email )

Te Piringa - Faculty of Law
Private Bag 3105
Hamilton, 3240
New Zealand

HOME PAGE: http://https://www.waikato.ac.nz/law/about-us/staff/academic/bradford_morse

University of Ottawa - Common Law Section

Ottawa, ON K1N 6N5
Canada

Neva Collings

Independent ( email )

Andrew Mowbray

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Ann Cahill

Independent ( email )

Marie Geissler

University of Wollongong, Wollongong NSW Australia ( email )

AK
Australia
0416285727 (Phone)

National Museum of Australia ( email )

Lawson Crescent
Acton Peninsula
Canberra, 2601
Australia

Law Faculty, University of Technology ( email )

15 Broadway
Ultimo, Sydney, NSW 2007
Australia

Fiona Anne Martin

UNSW Business School ( email )

UNSW Business School
High St
Sydney, NSW 2052
Australia

Alexandra E. George

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/alexandra-george

Daniel Robinson

University of New South Wales (UNSW) - Institute of Environmental Studies ( email )

Vallentine Annexe, Rm 133
The University of New South Wales
Sydney, NSW 2052
Australia

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