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

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