Presentation by Slade Lee to the Queensland Bushfoods Association 4th Conference, 21 September in Brisbane

1. Cooperative Research Centre for
Remote Economic Participation
Safeguarding Traditional Knowledge in
commercialisation of native plants
Principal Research Leader – Assoc. Prof. L. Slade LEE

2. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
Acknowledging:
Yuggera (Jagera) & Turrubal group
and Quandamooka people

3. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
the case:
• legal
• moral & ethical
• reconciliation
• attribution
the mechanism:
• laws
• conventions
• marketing
the aim:
• raise questions about the associated issues of hereditary
custodianship and Traditional Knowledge

4. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
the issue:
• Traditional Knowledge
◦ value (Indigenous cf. Western)
◦ utility & spiritual
◦ customary rights
• Hereditary custodianship
◦ acknowledgement
◦ consent
◦ protection
◦ benefit-sharing
• Principles
◦ commercialisation
◦ moral & ethical
◦ reconciliation
◦ attribution
◦ approaches

5. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• traditional significance
◦ utility
◦ totemic
◦ cultural (stories, dance, art)
• commercialisation – utility only
◦ exploitation of a resource
◦ utilisation & processing
◦ connectedness with tradition
– bush foods : equivalent (macadamia)
: processed (bush tomato)
– essential oils & extracts: refined (tea tree)
– derivatives: purified & modified (Marjarla)
– non-utilised: cultural nonetheless (ornamental natives)
the question of attribution:

6. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
it’s the law:
• IP Law vs. Traditional Knowledge & Customary Law
◦ defined term cf. in perpetuity
◦ defined owner cf. collective ownership
◦ defined in writing cf. preserved in oral culture
• IP Law and customary heritage rights
◦ fundamentally incompatible
◦ do not acknowledge each other
◦ not a satisfactory mechanism for safeguarding
Aboriginal Traditional Knowledge or cultural heritage
◦ but are under review by IP Australia

7. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
it’s the other laws:
• innovative legal approaches to safeguarding cultural heritage
• disadvantages
◦ legalese is confronting
◦ expensive
◦ complex
◦ the ‘many irons’ approach – Janke, Drahos
◦ sui generis – Drahos
◦ finessing the law – Martin & Jeffery

8. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• market-based approaches to safeguarding cultural heritage
▫ governed by law:
◦ Trademarks
◦ Certification
◦ Registered Designs
◦ Geographical Indications
▫ cooperative and collective:
◦ FairTrade
◦ trade secrets
it’s the other ways:

9. Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• disadvantages
◦ trades on goodwill
◦ legal enforceability
it’s the other ways:
• advantages
◦ inexpensive
◦ straightforward

10. Plant Business Project
Project Partners
Partner Student
Supervisors
Advisory Group Others
Thank you
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Discussion