Submission on Indigenous cultural and intellectual property rights
19 July 2024
On 5 July 2024, the Law Council made a submission to the Department of Infrastructure, Transport, Regional Development and Communications on its consultation regarding the development of standalone legislation for Indigenous cultural and intellectual property rights (ICIP). The Law Council made a range of recommendations, of which included that:
- the legislation be developed based on international human rights principles set out in the United Nations Declaration on the Rights of Indigenous Peoples, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
- the scope of ICIP rights should include literary, performing, and artistic works; knowledge (including scientific, agricultural, technical, ecological, and spiritual); tangible and intangible cultural property; traditional foods; archival footage and all forms of media;
- ICIP rights should include rights to prior informed consent, to the secrecy of Indigenous knowledge, to commercial benefits, to attribution, to the protection of sacred sites, and to the prevention of misuse; and
- ICIP rights should be enforceable communal/collective legal rights that are well defined, not onerous for First Nations communities to enforce, and developed through comprehensive consultation.
You can read the Law Council’s submission here.
Last Updated on 10/10/2024
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