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

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 Presentation Transcript

  • 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. Question What practical legal strategies enable the most Indigenous knowledge interests along the most native plant commercialisation pathways? 2
  • 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. Indigenous knowledge interests • Ownership and control interests • Maintenance and development interests • Respect and recognition interests • Financial interests • Participation interests 4
  • 5. Two approaches 1. Framing of Indigenous knowledge as important to the public interest 2. Framing of Indigenous knowledge as intellectual property 5
  • 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. IK as IP Existing IP regimes IK characteristics IP protection 7 New category of IP IK characteristics IP protection
  • 8. Commercialisation focus Freedom to operate Research & develop Commercialisation Sell rights License rights Produce product Production Branding, marketing, advertising Sales 8
  • 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. Questions, comments & feedback welcome klingard@une.edu.au 10
  • 11. 11