Protecting traditional knowledge in Australia: What can we learn from India and Peru?

Wright, E

Protecting traditional knowledge in Australia: What can we learn from India and Peru?

Wright, E

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Publisher:: Edward Elgar Publishing
Publication Type:: Chapter
Citation:: Is Intellectual Property Pluralism Functional?, 2019, pp. 206-234
Issue Date:: 2019-01-01

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Field	Value	Language
dc.contributor.author	Wright, E https://orcid.org/0000-0001-7875-2796
dc.date.accessioned	2021-11-02T00:41:28Z
dc.date.available	2021-11-02T00:41:28Z
dc.date.issued	2019-01-01
dc.identifier.citation	Is Intellectual Property Pluralism Functional?, 2019, pp. 206-234
dc.identifier.isbn	9781788977982
dc.identifier.uri	http://hdl.handle.net/10453/151302
dc.description.abstract	There is limited protection of traditional knowledge in Australia with some legislative frameworks established at federal, state and territory levels. The partial protections established under these frameworks are fragmented across each jurisdiction providing opportunities for third parties to exploit these gaps and engage in misappropriation and exploitation of traditional knowledge. While Australia is yet to ratify the Nagoya Protocol, the Australian federal government is engaging in consultations to assess the operation of the intellectual property system with regards to traditional knowledge. In doing so, it is valuable to examine how foreign jurisdictions have approached the issue and to learn from their experience. This chapter examines what can be learnt from the experience of India and Peru in establishing their respective regimes for the protection of traditional knowledge with the objective of informing the design and implementation of a nationally consistent regime for the protection of traditional knowledge in Australia.
dc.language	en
dc.publisher	Edward Elgar Publishing
dc.relation.ispartof	Is Intellectual Property Pluralism Functional?
dc.relation.isbasedon	10.4337/9781788977999.00016
dc.rights	info:eu-repo/semantics/openAccess
dc.title	Protecting traditional knowledge in Australia: What can we learn from India and Peru?
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.date.updated	2021-11-02T00:41:27Z
pubs.publication-status	Published

Abstract:

There is limited protection of traditional knowledge in Australia with some legislative frameworks established at federal, state and territory levels. The partial protections established under these frameworks are fragmented across each jurisdiction providing opportunities for third parties to exploit these gaps and engage in misappropriation and exploitation of traditional knowledge. While Australia is yet to ratify the Nagoya Protocol, the Australian federal government is engaging in consultations to assess the operation of the intellectual property system with regards to traditional knowledge. In doing so, it is valuable to examine how foreign jurisdictions have approached the issue and to learn from their experience. This chapter examines what can be learnt from the experience of India and Peru in establishing their respective regimes for the protection of traditional knowledge with the objective of informing the design and implementation of a nationally consistent regime for the protection of traditional knowledge in Australia.

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http://hdl.handle.net/10453/151302