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Medical Jurisprudence Commons

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Intellectual Property Law

Selected Works

2009

Indigenous Intellectual Property

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Full-Text Articles in Medical Jurisprudence

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke Aug 2009

A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke

Matthew Rimmer

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …