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Our approach
Protecting and respecting Indigenous knowledge and culture involves considerations beyond the intellectual property rights administered by IP Australia.
We work with First Nations peoples, communities, government and international partners to improve how knowledge and culture are considered within the IP system. This includes consultation, policy development, legislative reform and international engagement.
Our approach is guided by the First Nations Strategy and supports the National Agreement on Closing the Gap.
Indigenous Knowledge Panel
The Indigenous Knowledge Panel helps ensure First Nations perspectives are considered in the work we do. The panel brings together First Nations experts to provide independent, culturally informed advice that helps shape our policies, processes and future reform activities.
The pilot panel members are:
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Chrissy Grant (Chair) is an Elder from the Jalunji-Warra clan of the Eastern Kuku Yalanji and the Mualgal from Kubin on Moa Island. 
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Colin Saltmere is a senior Indjalandji-Dhidhanu Traditional Owner of the Camooweal region in North-West Queensland.
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Shay Vigona-Goudge is an Aboriginal woman from the Northern Territory of Tiwi Islands and the Barkly region.
The panel publishes communiques to share updates on its activities, advice, priorities and progress.
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What First Nations peoples have told us
Over several years, we have researched and consulted First Nations peoples about cultural knowledge and the IP system.Â
First Nations peoples have consistently told us they want greater:
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control over who uses cultural knowledge and material, and how it is used
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protection against unauthorised use and misappropriation
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recognition of the connection between First Nations peoples and their cultural knowledge and material
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respect for cultural protocols, responsibilities and decision-making processes.
How this is informing our work
The priorities identified through research and consultation are informing our work with the panel and First Nations peoples as we consider possible changes to the IP system.
We are exploring:
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changes to the trade mark system to help address misuse of First Nations language, imagery and culture
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measures in the patent system to disclose when genetic resources and associated Traditional Knowledge have contributed to an invention.
We will continue to engage with First Nations peoples, businesses and other stakeholders as these changes are considered. We publish opportunities to have your say through our public consultations.
Research and consultation reports
Research, consultation and engagement with First Nations peoples continue to shape our understanding of how cultural knowledge and material interact with the IP system.
Our previous research and consultations continue to inform this work:
- Enhance and enable Indigenous Knowledge consultation report
- Protection of Indigenous Knowledge in the IP system
- Issues for protection and management of Indigenous Knowledge.
Browse more publications and reports.
National and international work
Protecting Indigenous Knowledge involves work across government and with other countries. This includes new Australian laws led by another agency, and international agreements that IP Australia helps shape.
The Australian Government has committed to working with First Nations peoples to develop standalone legislation to recognise and protect First Nations Traditional Knowledge and Traditional Cultural Expressions, including to address the harm caused by fake art, merchandise, and souvenirs.
The Office for the Arts is taking the lead in the development of this legislation.
The World Intellectual Property Organization's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore is the main international forum to consider ways forward.
IP Australia contributes to negotiations, engages with First Nations people and works with international partners as countries explore how IP systems can better respond to Traditional Knowledge, Traditional Cultural Expressions and genetic resources.
Independent First Nations experts including the Indigenous Knowledge Panel have also contributed to this work. With IP Australia supporting individuals to attend the IGC and participate in the indigenous Caucus.
The IGC's work led to the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, commonly called the GRATK Treaty.
The Treaty establishes an international standard for disclosure requirements in patent applications involving genetic resources and associated Traditional Knowledge. Countries that join the Treaty must implement its requirements through their national laws.
The Treaty aims to improve transparency in the patent system about the use of genetic resources and associated Traditional Knowledge. Greater visibility of First Nations peoples' contributions to innovation may also encourage more respectful engagement between researchers, businesses and First Nations communities.
The Treaty does not create a new IP right for Traditional Knowledge.
Australia has signed the Treaty and is considering the steps required before becoming bound by it.
Follow our progress
Our work with First Nations peoples and communities continues to evolve.
Subscribe to receive updates about consultations, policy and legislative developments, the Indigenous Knowledge Panel and international engagement.