Indigenous Knowledge - Australian Experiences

Jim Walker - Manager

Office of Indigenous Engagement

• Indigenous Knowledge • Art, Language, Food, Medicine, Ecology

• Australian Government Activities

Commonwealth Scientific and Industrial Research Organisation • CSIRO Office of Indigenous Engagement

• Draft CSIRO Protocol and Guidelines on Indigenous Knowledge and Intellectual Property

• International Policy Issues • IP and Indigenous Knowledge

• Importance of Regional and International Dialogue

• World Intellectual Property Discussions

Overview

Range of terminology used for the knowledge and culture of Indigenous peoples and local communities. • Traditional Knowledge and Traditional Cultural Expressions

• Indigenous Ecological Knowledge

• Indigenous Cultural and Intellectual Property

Indigenous knowledge includes • Knowledge of food, medicine, animals and the environment

• Stories and dance

• Languages

• Symbols and crafts

• Cosmology and cosmogony

Indigenous knowledge What is Indigenous Knowledge?

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Australian Context

• Knowledge held by Australia’s First Peoples – Aborigines and Torres Strait

Islanders

• Often specific to a region

• Traditional rules for sharing and using the knowledge

• Collective ownership

Indigenous Knowledge What is Indigenous Knowledge?

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Indigenous Languages of Australia

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International Context • Some examples

– World Intellectual Property Organization

– Convention on Biological Diversity

– UN Declaration on the Rights of Indigenous Peoples

• Many differences in national circumstances

– One size does not fit all

• Common issues of Indigenous and Local Communities

Indigenous Knowledge What is Indigenous Knowledge?

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The National Indigenous Reform Agreement • Efforts to Close the Gap in Indigenous disadvantage must recognise and build

on the strength of Indigenous cultures and identities.

Indigenous Economic Development Strategy • Indigenous Australians have unique and important assets and skills to bring to

the broader economy. This includes strong social networks and community identity, and a rich traditional and cultural knowledge that can be valuable economic assets. Indigenous culture and its practice can support economic participation, development and financial independence

Stolen Generations Working Partnership • the importance that culture and connection to country has to restoring

identity and to healing

Australian Government Activities Whole of Government Commitments

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Indigenous Culture Support

• Australian Government funding for the maintenance, transmission and expression of Indigenous culture. Delivered by the Office for the Arts to assist a wide range of cultural activities throughout Australia.

Indigenous Languages Support

• Australian Government funding to support the maintenance, revival and transmission of Australian Indigenous languages. The program aims to address the erosion and loss of Australia’s estimated 250 Indigenous languages.

Further information: http://arts.gov.au/indigenous

Australian Government Activities Arts and Culture

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Indigenous Protected Areas Program

• supporting Indigenous land owners to develop Indigenous Protected Areas on their lands, with the aim of integrating Indigenous ecological and cultural knowledge with contemporary protected areas management practices.

Working on Country

• Working on Country builds on Indigenous traditional knowledge to protect and manage land and sea country for the Australian Government, employing approximately 680 Indigenous rangers.

International Indigenous Peoples and Local Communities Land and Sea Managers Network

• an initiative to exchange skills and share experiences in managing land, costal and marine environments through the use of contemporary and traditional methods, an online network and an exchange program.

For more information, see: http://www.nrm.gov.au/about/key-investments/indigenous-network

Australian Government Activities Environment

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Review of Higher Education Access and Outcomes for Aboriginal and Torres Strait Islander People • The Review is looking at ways to achieve parity of outcomes for Aboriginal

and Torres Strait Islander students and staff in higher education and research.

• One of the terms of the reference for the Review is to increase the recognition and equivalence of Indigenous knowledge in the higher education sector.

Australian Institute of Aboriginal and Torres Strait Islander Studies • The goal of AIATSIS is to create further understanding of Aboriginal and Torres

Strait Islander peoples’ cultures, past and present through undertaking and publishing research, and providing access to print and audiovisual collections.

• Guidelines for Ethical Research in Australian Indigenous Studies.

Australian Government Activities Research and Education

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Indigenous Engagement Strategy

• Four Pillars: Scientific Opportunities, Employment, Education Outreach, and Cultural Learning and Development

• Scientific opportunities: Interim Indigenous IP Protocols and Research Guidelines and Ethical considerations for research projects involving Indigenous peoples and communities

Engagement with Indigenous peoples in science activities

• Indigenous Employment Strategy

Goal to increase numbers of Indigenous peoples within CSIRO – positions, scholarships, cadetships and traineeships

• Education Outreach

Increase the numbers of Indigenous students undertaking science - pre-school through tertiary education (e.g. CSIRO Indigenous Science Ed’cn Pathway)

• Cultural Learning and Development

• Preparing for change

Commonwealth Scientific and Industrial Research Organisation (CSIRO)

Office of Indigenous Engagement

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Recognition of Indigenous knowledge (1)

Recognition of Indigenous knowledge (2)

• The procedures are for CSIRO staff, research partners, consultants and contractors engaged in research activities with Indigenous peoples in Australia.

• It is proposed that the procedures will influence behaviour of researchers by inclusion of research protocols, to be a binding part of CSIRO policy.

• If the draft procedures are accepted, CSIRO will not seek to register industrial property rights from Indigenous knowledge or resources taken from Indigenous peoples without first seeking free prior informed consent of the relevant Indigenous peoples.

Commonwealth Scientific and Industrial Research Organisation (CSIRO)

Draft procedures on Indigenous Knowledge and Intellectual Property

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What is Intellectual Property? • A monopoly, sanctioned by law.

• An asset to be bought and sold.

• A policy lever to spur innovation.

• Patents, Trade Marks, Designs, Plant Breeder’s Rights, Copyright, Undisclosed Information.

Copyright • Rights of an author or other originator to control reproduction and use of

their original works.

Trade Marks • Word, image or other sign that distinguishes similar goods and services.

Patent • Rights of an inventor to control exploitation of new inventions

International Policy Issues IP and Indigenous Knowledge

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There are overlaps between IP policy and indigenous knowledge • The desire for attribution and authenticity are common in both areas

– Copyright, trade marks

• Medicinal plant knowledge can be part of ongoing innovation

– Patents, know-how and confidential information

Intellectual property law has policy features that are different from Indigenous peoples’ way of governing their knowledge • IP rights last for a limited number of years

– Indigenous knowledge governance is ongoing

• IP rights are controlled by individuals

– Indigenous knowledge is governed for the community

• IP rights can be bought and sold

– Indigenous knowledge is part of peoples’ culture

International Policy Issues IP and Indigenous Knowledge

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• Indian government challenged patent on turmeric

• Oman is interested in traditional seeds for food

• Indonesia and Bangladesh were interested in traditional medicines

• Australia is establishing a global network for sharing practical skills and experiences in managing land, coastal and marine environments.

• Members can share practical experiences (e.g. trade fairs)

• Encourage government and officials to consider the wide range of policies relevant to traditional knowledge.

• Any development in international IP systems needs to be supported by national (and maybe regional)measures across this wide range of policies relevant to traditional knowledge (trans-border issues).

International Policy Issues Importance of Regional and International Dialogue

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WIPO Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (IGC) • WIPO is a UN Body

• Currently negotiating

– What is TK and TCEs?

– What is protected?

– Who benefits?

Negotiating Text – Transparent process

– Decisions made by consensus

– Text can be viewed online - http://www.wipo.int/tk/en/igc/index.html

– More work required before coming to consensus

Indigenous Knowledge Discussions in World Intellectual Property Organization (WIPO)

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For the definition of TK, the WIPO IGC Draft Texts have a Facilitators Convergent Text (with optional features) and an

Alternative • Facilitators’ Option (Convergent Text)

– For the purposes of this instrument, “traditional knowledge” [refers to] includes know-how, skills, innovations, practices, teachings and learnings [developed within a traditional context]/[developed with an indigenous people or local community]/[and that is intergenerational]/[and that is passed on from generation to generation].

Indigenous Knowledge Discussions in World IP Organization

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Facilitators Convergent Text (with optional features) and an Alternative (cont)

– Optional Additions to the Facilitators’ Text

– (a) [is knowledge that is dynamic and evolving and]

– (b) [resulting from intellectual activity]

– (c) [and which may be associated with agricultural, environmental, healthcare and medical knowledge, biodiversity, traditional lifestyles and natural and genetic resources, and know-how of traditional architecture and construction technologies]

– (d) [and which may subsist in codified, oral or other forms]

– (e) [traditional knowledge is part of the collective, ancestral, territorial, cultural, intellectual and material heritage of [indigenous peoples and local communities] beneficiaries as defined in Article 2.]

– (f) [and are inalienable, indivisible and imprescriptible.]

Indigenous Knowledge Discussions in World IP Organization

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Facilitators Convergent Text (with optional features) and an Alternative (cont)

• Alternative

- For the purposes of this instrument, traditional knowledge includes [collectively] generated and preserved from generation to generation or intergenerational know-how, skills, innovations, practices, teachings. [They exist or develop inter alia by indigenous or local communities.]

Indigenous Knowledge Discussions in World IP Organization

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Examples:

• Changes to habitat, breeding life cycles

• Economic, social and cultural values in water

• Traditional foods & medicines (Kakadu plum, Gumby Gumby)

• Control of pests, carbon offsets, fire management

• Restoration and management of land

• Fish management (rock lobster, sea cucumber, sponges, mud crabs)

Benefits:

• Research more effective and efficient – cost savings

• Certainty

• Builds capacity for the future in regional & remote areas – lessens need for fly-in, fly-out resources.

• Social, economic, environmental, and cultural - sustainability

Indigenous Knowledge – worth the investment?

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Right to protect, maintain control and benefit from our Indigenous Knowledge

• Free Prior and Informed Consent

• Access and Benefit Sharing

•Mutually Agreed Terms

• Recognition of collective ownership

• Definitions recognise traditional values

• Ownership on IP

• Equitable partnerships

•Recognition of joint authorship

•Increase capacity to use copyright law

•Ensure copies of research are provided back to the community

•Ensure IK is used only for the purpose agreed

Indigenous Knowledge Protection - Research Agreements

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• Many areas of policy and practice are relevant • Culture, Language, Environment, Health, Innovation, Research, Education

• IOR-ARC countries can learn from each others wide range of experiences and interests

• CSIRO is Australia’s premier research body • Work of CSIRO (Indigenous Engagement Office – IK and IP Standards)

• Discussions on international IP Policy • World Intellectual Property Organisation has technical and policy expertise to

discuss IP matters.

• Regional dialogue, such as this forum can play a role in resolving differences

Indigenous Knowledge Conclusion

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C

Indigenous Knowledge - Outcome

Office Of Indigenous Engagement

Jim Walker Manager – OIE

t +61 7 3833 5676 e jim.walker@csiro.au w www.csiro.au

Thank you