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Presentation by Kylie Lingard to the 2013 IUCN Academy of Environmental Law Annual Colloquium at University of Waikato, Hamilton NZ on 24–28 June 2013
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Indigenous knowledge interests and the law in the commercialisation of native plants: a new approach to an old problem Kylie Lingard PhD Candidate University of New England Australian Centre for Agriculture and Law Cooperative Research Centre for Remote Economic Participation
Question What practical legal strategies enable the
most Indigenous knowledge interests along the most native plant commercialisation
pathways?
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Key terms • Commercialisation of native plants: the
development of native plants for profit • Interests: the needs, aspirations and
rights expressed by Indigenous people over the past 40 years in scholarly works and international instruments
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Indigenous knowledge interests • Ownership and control interests • Maintenance and development interests • Respect and recognition interests • Financial interests • Participation interests
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Two approaches 1. Framing of Indigenous knowledge as
important to the public interest 2. Framing of Indigenous knowledge as
intellectual property
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IK & the public interest CBD: promotes respect,
preservation, maintenance, informed
consent, equitable benefit sharing
ABS contractual model:
promotes domestic implementation of these
interests
Federal ABS model: limits enablement of interests to
when resources are accessed from Commonwealth areas
Federal ABS model: limits enablement of
interests to when knowledge contributes to
commercial outcomes and is not otherwise
available
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IK as IP
Existing IP regimes
IK characteristics IP protection
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New category of IP
IK characteristics IP protection
Commercialisation focus Freedom
to operate
Research & develop Commercialisation
Sell rights License rights Produce product
Production Branding, marketing, advertising
Sales
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New approach in action
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Freedom to operate
Prior art search
Secure funding
Funding agreement
Obtain rights
Rights acquisition agreement
Licensing agreement
Alliance agreement
Protect idea
Laws of confidence
Trade secret laws
Protect creation
IP
Access to samples
Wild material
Federal access laws
State/territory access laws
Gene material
MTA
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