Indigenous knowledge interests and the law
in the commercialisation of native plants:
a new approach to an old problem
Kyl...
Question
What practical legal strategies enable the
most Indigenous knowledge interests along
the most native plant commer...
Key terms
• Commercialisation of native plants: the
development of native plants for profit
• Interests: the needs, aspira...
Indigenous
knowledge interests
• Ownership and control interests
• Maintenance and development interests
• Respect and rec...
Two approaches
1. Framing of Indigenous knowledge as
important to the public interest
2. Framing of Indigenous knowledge a...
IK & the public interest
CBD: promotes respect,
preservation,
maintenance, informed
consent, equitable benefit
sharing
ABS...
IK as IP
Existing IP
regimes
IK
characteristics
IP protection
7
New category
of IP
IK
characteristics
IP protection
Commercialisation focus
Freedom
to
operate
Research
& develop
Commercialisation
Sell rights
License
rights
Produce product...
New approach in action
9
Freedom to operate
Prior art search
Secure
funding
Funding
agreement
Obtain rights
Rights
acquisi...
Questions,
comments &
feedback welcome
klingard@une.edu.au
10
11
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Indigenous knowledge interests and the law in the commercialisation of native plants: a new approach to an old problem

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Presentation by Kylie Lingard to the 2013 IUCN Academy of Environmental Law Annual Colloquium at University of Waikato, Hamilton NZ on 24–28 June 2013

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Indigenous knowledge interests and the law in the commercialisation of native plants: a new approach to an old problem

  1. 1. Indigenous knowledge interests and the law in the commercialisation of native plants: a new approach to an old problem Kylie Lingard PhD Candidate University of New England Australian Centre for Agriculture and Law Cooperative Research Centre for Remote Economic Participation
  2. 2. Question What practical legal strategies enable the most Indigenous knowledge interests along the most native plant commercialisation pathways? 2
  3. 3. Key terms • Commercialisation of native plants: the development of native plants for profit • Interests: the needs, aspirations and rights expressed by Indigenous people over the past 40 years in scholarly works and international instruments 3
  4. 4. Indigenous knowledge interests • Ownership and control interests • Maintenance and development interests • Respect and recognition interests • Financial interests • Participation interests 4
  5. 5. Two approaches 1. Framing of Indigenous knowledge as important to the public interest 2. Framing of Indigenous knowledge as intellectual property 5
  6. 6. IK & the public interest CBD: promotes respect, preservation, maintenance, informed consent, equitable benefit sharing ABS contractual model: promotes domestic implementation of these interests Federal ABS model: limits enablement of interests to when resources are accessed from Commonwealth areas Federal ABS model: limits enablement of interests to when knowledge contributes to commercial outcomes and is not otherwise available 6
  7. 7. IK as IP Existing IP regimes IK characteristics IP protection 7 New category of IP IK characteristics IP protection
  8. 8. Commercialisation focus Freedom to operate Research & develop Commercialisation Sell rights License rights Produce product Production Branding, marketing, advertising Sales 8
  9. 9. New approach in action 9 Freedom to operate Prior art search Secure funding Funding agreement Obtain rights Rights acquisition agreement Licensing agreement Alliance agreement Protect idea Laws of confidence Trade secret laws Protect creation IP Access to samples Wild material Federal access laws State/territory access laws Gene material MTA
  10. 10. Questions, comments & feedback welcome klingard@une.edu.au 10
  11. 11. 11

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