Date post: | 29-Nov-2014 |
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Self Improvement |
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Cooperative Research Centre for Remote Economic Participation
Safeguarding Traditional Knowledge in commercialisation of native plants
Principal Research Leader – Assoc. Prof. L. Slade LEE
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
Acknowledging: Yuggera (Jagera) & Turrubal group and Quandamooka people
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
the case: • legal • moral & ethical • reconciliation • attribution
the mechanism: • laws • conventions • marketing
the aim: • raise questions about the associated issues of hereditary
custodianship and Traditional Knowledge
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
the issue: • Traditional Knowledge
◦ value (Indigenous cf. Western) ◦ utility & spiritual ◦ customary rights
• Hereditary custodianship ◦ acknowledgement ◦ consent ◦ protection ◦ benefit-sharing
• Principles ◦ commercialisation ◦ moral & ethical ◦ reconciliation ◦ attribution ◦ approaches
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• traditional significance ◦ utility ◦ totemic ◦ cultural (stories, dance, art)
• commercialisation – utility only ◦ exploitation of a resource ◦ utilisation & processing ◦ connectedness with tradition – bush foods : equivalent (macadamia) : processed (bush tomato) – essential oils & extracts: refined (tea tree) – derivatives: purified & modified (Marjarla) – non-utilised: cultural nonetheless (ornamental natives)
the question of attribution:
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
it’s the law: • IP Law vs. Traditional Knowledge & Customary Law
◦ defined term cf. in perpetuity ◦ defined owner cf. collective ownership ◦ defined in writing cf. preserved in oral culture
• IP Law and customary heritage rights ◦ fundamentally incompatible ◦ do not acknowledge each other ◦ not a satisfactory mechanism for safeguarding
Aboriginal Traditional Knowledge or cultural heritage ◦ but are under review by IP Australia
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
it’s the other laws: • innovative legal approaches to safeguarding cultural heritage
• disadvantages ◦ legalese is confronting ◦ expensive ◦ complex
◦ the ‘many irons’ approach – Janke, Drahos ◦ sui generis – Drahos
◦ finessing the law – Martin & Jeffery
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• market-based approaches to safeguarding cultural heritage ▫ governed by law:
◦ Trademarks ◦ Certification ◦ Registered Designs ◦ Geographical Indications
▫ cooperative and collective: ◦ FairTrade ◦ trade secrets
it’s the other ways:
Plant Business Project
Safeguarding Traditional Knowledge in commercialisation of native plants
• disadvantages ◦ trades on goodwill ◦ legal enforceability
it’s the other ways:
• advantages ◦ inexpensive ◦ straightforward
Plant Business Project
Project Partners
Partner Student Supervisors
Advisory Group Others
Thank you -
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