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    Indigenous knowledge and intellectual property: a sustainable agenda

    Access Status
    Fulltext not available
    Authors
    Marinova, Dora
    Raven, M.
    Date
    2006
    Type
    Journal Article
    
    Metadata
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    Citation
    Marinova, D. and Raven, M. 2006. Indigenous knowledge and intellectual property: a sustainable agenda. Journal of Economic Surveys. 20 (4): pp. 587-605.
    Source Title
    Journal of Economic Surveys
    DOI
    10.1111/j.1467-6419.2006.00260.x
    ISSN
    0950-0804
    URI
    http://hdl.handle.net/20.500.11937/23292
    Collection
    • Curtin Research Publications
    Abstract

    The paper argues that the current ways of protecting intellectual property are limited in their scope for recognizing indigenous rights to indigenous knowledge. Indigenous knowledge is often defined as being holistic and collectively owned, and an appropriate protection should allow for maintaining the cultural and physical environment that has generated it. After examining the failure of the patent system to recognize indigenous input (using examples from the US Patent and Trademark Office), the analysis is directed towards alternatives. The world's first case of indigenous intellectual accreditation through the partnership between Mt Romance (Australian sandalwood company), Aveda (US-based multinational cosmetics corporation) and the Kutkabubba community (represented by the Songman Circle of Wisdom), is presented. The accreditation allows for the indigenous people to be recognized as traditional owners of the land, and for their care and knowledge about the sandalwood trees. It also gives them a share of the profits made from the contemporary use of the pure sandalwood oil. The paper argues that sustainability, and indigenous sustainability in particular, provides a conceptual framework for a change in the way of protecting intellectual property. This implies that appropriate policies should be put in place for businesses to feel responsible towards the community.

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    Curtin would like to pay respect to the Aboriginal and Torres Strait Islander members of our community by acknowledging the traditional owners of the land on which the Perth campus is located, the Whadjuk people of the Nyungar Nation; and on our Kalgoorlie campus, the Wongutha people of the North-Eastern Goldfields.