Effective intellectual property protection of traditional knowledge of plants and their uses: an example from Australia

Abstract

Intellectual property rights (IPR) to traditional knowledge (TK) about Australian native plants could justifiably be described as a birthright of Australian Aboriginal people. However, as is generally the case throughout the world, this right is currently not protected under Australian law. A case study is presented describing the approach that was taken to protecting the plant knowledge rights of traditional knowledge (TK) holders who participated in research at Titjikala, central Australia. From a review of international efforts aimed at developing a legal regime for protection of traditional knowledge (TK) intellectual property rights (IPR), we found that protecting traditional knowledge (TK) of plants and their uses is most likely to be achieved through the development of effective protocols for preserving and recording traditional knowledge (TK) and the use of contract law in commercial applications of that knowledge. The process of negotiating a research agreement between the research organisations and the community is described. Relationship building and a partnership approach based on trust and mutual respect were found to be of fundamental importance. The negotiated agreement ensures that the community has an equal share to research partners in any benefits that might arise from commercialisation of research findings. The approach to benefit sharing developed in this project has application in other research projects in which the sharing of traditional knowledge (TK) is a fundamental and essential component of the research process.

A Typology of Indigenous Engagement in Australian Environmental Management: Implications for Knowledge Integration and Social-ecological System Sustainability

“…We recognize that both the concept of IEK and approaches to integration are highly contested. Scientists call for greater efforts in the definition and validation of the integrity of IEK knowledge claims, and some Indigenous groups have also sought validation of their IEK knowledge claims by science (Evans et al 2009, Gratani et al 2011. Other Indigenous people resist scientific efforts to integrate with IEK as a result of concerns that power relations embedded in IEK projects will further marginalize their interests (Smith 1999, Agrawal 2002, Davis and Ruddle 2010.…”

“…ACoG and AG types typically maintain the distinction between IEK and western science, through separate documentation initiatives, and clearly specified interactions, such as "validation" of IEK by science (Evans et al 2009). …”

Desert knowledge: integrating knowledge and development in arid and semi-arid drylands

“…Here we introduce the papers in two broad themes. Four of the Australian papers (Cunningham et al 2009;Evans et al 2009;Moran and Elvin 2009;Singleton et al 2009) together with Tougiani et al's paper from Niger are concerned with efforts to reduce poverty and disadvantage by engaging local knowledge and resources equitably, and by promoting institutional change. The other group of four papers are concerned with understanding the diverse knowledge systems of desert people (Clark and Brake 2009;Maclean 2009; VaarzonMorel and Gabrys 2009), or tourists (Hueneke and Baker 2009), in order to promote collaborative management of the multi-functional desert landscapes of Australia.…”

“…Two of the Australian papers in this issue (Evans et al 2009;Singleton et al 2009) derive from DKCRC projects whose main emphasis has been to understand how best to support enterprise development amongst Aboriginal people and more effective engagement with markets. The projects have looked for the commercial advantage that Aboriginal people may have from factors such as their remote location, ecological knowledge and distinctive cultures.…”

“…Smallacombe et al 2007). Evans et al (2009) engaged with such questions early in the implementation of a project initiated by Titjikala community elders. That project aimed to document elders' traditional knowledge about food and medicinal plants and conduct laboratory analysis of the bioactive ingredients of selected species.…”