Ms Cubillo says there are some challenges that come with this. She also specialises in ICIP. "A lot of art is found in the public domain, for example, rock art. documentation of indigenous peoples' heritage in archives, commercialise ICIPR in accordance with traditional laws and customary obligations, benefit commercially from the authorised use of ICIPR, the period of copyright protection is finite and is unable to protect traditional art which has been passed through generations, All Aboriginal people are entitled to respect for their culture, All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people, Aboriginal people have the right to protect and manage the use of their cultural heritage and expression, Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression, Aboriginal people have a right to Government support in the protection and maintenance of their cultural heritage and expression. A protocol may include guidelines on procedure, a code of behaviour or a set of rules on how to recognise and deal with ICIPR. Ms Barba knows too well the devastating effects that infringing ICIP and copyright can have on an artist. "We have to protect our culture when collaborating. Some critics consider IPR systems to be a threat to Indigenous peoples' cultural maintenance. The development and use of protocols is becoming common practice in government and the corporate sector. ", "And that ICIP from my grandmother was tarnished.". Attribute the artist's work tastefully and with respect," she said. . This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Page 7 of 12. Heritage-listed Brisbane mansion faces uncertain future after racking up hefty council rates bill, 'No escape': NSW economy at risk from Australian-Chinese tensions, leading expert warns, Video shows US police raiding outspoken data scientist's home over alleged COVID data hack, ASX to rise for seventh day as COVID vaccine euphoria pushes Wall St to new records. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution 4.0 International Licence. Charisma Cubillo is a Larrakia woman and solicitor at Indigenous-owned and managed law firm Terri Janke and Company. ICIP is … Level 7, 105 Phillip St, Parramatta "There are gaps in the law which mean that unless Indigenous people can meet the requirements of intellectual property laws like copyright, their rights are unprotected and open to exploitation," the Terri Janke and Company website states. Ms Cubillo said at the heart of respecting ICIP and copyright is consultation and consent. Indigenous Peoples and Intellectual Property . What is Indigenous Cultural and Intellectual Property ('ICIP')? Subsidiary IPR goals are to manage the degree and process by which cultural knowledge is shared with outsiders and, in some instances, to be justly compensated for it. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. Does the community understand how the outcomes of the project will be used? In order to respect ICIP, Terri Janke and Company incorporates these ten True Tracks principles: Walking Together is taking a look at our nation's reconciliation journey, where we've been and asks the question — where do we go next? Ms Barba said her desert flowers represented "women's business" in a contemporary abstract rendition. The following questions are intended as a guide to assist educational institutions in negotiations and consultations with Aboriginal communities. Her design, "flowers of the desert", were used on carpets and indoor panels throughout the hotel. The … Ms Barba herself is studying law and has worked at ArtsLaw Australia as a national coordinator for its Artist in the Black project. 2.14 Indigenous cultural … Significant differences exist between Western and Indigenous societies, and their respective knowledge and legal systems affect heritage. She was also invited to the World Intellectual Property Organisation (WIPO) in 2018, which is one of the 15 specialised agencies of the United Nations in Geneva. An agreement outlining the conditions of consent should be obtained from the owner/s for projects to commence and continue. An acknowledgement of the owner/s of the cultural heritage or expression. Email: smartcopying@det.nsw.edu.au, The Official Guide to Copyright Issues for Australian Schools and TAFE, Indigenous Cultural and Intellectual Property Rights. Based on the right to self-determination, ICIP rights are Indigenous People’s rights to their heritage and culture. Internationally, the United Nations (UN) and World Intellectual Property Organization (WIPO) hosted a conference in Geneva on cultural property without consulting Canadian Indigenous groups. Lorie Graham * Stephen McJohn ** “There is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and [] the protection of both is essential to the indigenous peoples’ cultural and economic . Her very own artwork was used to design the interior of a Polish hotel. Something she wasn't aware of until she came across it on a google search. Her visual storytelling uses knowledge and motifs passed down from her grandmother. "It's about the principle, and those principles are protocols. Intellectual Property Rights versus Indigenous Peoples Rights and Obligations. The nature and use of indigenous peoples' heritage is passed down from generation to generation. June 1993. immoveable cultural property - sacred sites, burial grounds. home ›› It's about recognising rights," she said. Finally, The Draft Declaration on the Rights of Indigenous Peoples in Article 7 provides the right of indigenous people to have their cultural and intellectual property protected. Tel: 02 7814 3855 ›› The Sub-Commission on Prevention of Discrimination and Protection of Minorities commissioned a Study on the Protection of the Heritage of Indigenous Peoples. There is no need to register a work in some official register.". For example, copyright can only provide limited protection of ICIPR, in particular: Increasingly indigenous communities are using non legislative means such as contract and protocols to protect their ICIPR. All Aboriginal cultural heritage, including cultural expression, is the intellectual property of Aboriginal people; Aboriginal people have the right to protect and manage the use of their cultural heritage and expression; Aboriginal people have the right to benefits accruing from any activities that use their cultural heritage and expression Develop in full co-operation with indigenous peoples an additional cultural and intellectual property rights regime incorporating the following: The international system for protecting the rights of intellectual property has long focused on protecting the needs of technologically advanced societies. It covers a lot of areas. Under non-Indigenous laws intellectual property can be freely transmitted and assigned, usually for economic returns for a set time and in any medium. By way of example, set out below is the NSW Ministry of the Arts Indigenous Arts Protocol. A clear description in plain and appropriate language of: what the anticipated benefits to the community will be. There she also read out the Uluru Statement of the Heart. ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Cultural & Intellectual Property Rights of Indigenous Peoples Whakatana, 12-18 June 1993 Aotearoa, New Zealand . The best non-legislative means of dealing with ICIPR is to develop an organisational cultural protocol. Indigenous Intellectual Property Program. Indigenous cultural intellectual property (ICIP) is a right that Indigenous people have to protect their traditional art and culture. While this visibility is novel, the theft of Indigenous property is obviously not a recent development. This sourcebook presents a collection of papers focusing on the intellectual property rights (IPR) of indigenous peoples--their rights to protect and control their cultural knowledge. Does your proposal safeguard Aboriginal sensibilities. ICIP stands for Indigenous Cultural and Intellectual Property. Have you acted in good faith and respected the privacy of Aboriginal peoples and communities? Join us as we listen, learn and share stories from across the country, that unpack the truth-telling of our history and embrace the rich culture and language of Australia's First People. Book Review M.A. ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. As best practice, any projects involving Aboriginal cultural expression should be negotiated with the owner/s using appropriate protocols which include: An Aboriginal perspective should be sought on all issues surrounding the proposal. develop more effective measures to protect the intellectual and cultural property rights of indigenous peoples. Cultural and intellectual property rights are areas of growing concern for Indigenous peoples. Football administrator pay in spotlight but salaries remain a mystery, A year on from the NZ volcano eruption that caused the deaths of 22 people, families grieve milestone, 'Like the apocalypse': The view of 2020 from the back of a postie bike, Kingfisher Bay resort could face fire threat as wind changes on Fraser Island. Sometimes the words “Cultural Heritage” are used to mean the same thing. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Here's a full list of rights that ICIP covers according to Terri Janke and Company: Ms Cubillo says it's also based on the idea of self-determination. Accept that the cultural and intellectual property rights of indigenous peoples are vested with those who created them. Protecting the Intellectual Property Rights of Indigenous Peoples; and Creating Opportunities for Sustainable Livelihoods • The Importance of Intellectual Property Rights for the First Peoples (Dr. Justin Koo, The Faculty of Law, UWI, St. Augustine) [15 mins] • The Protection of Traditional Medicine (Dr. National Copyright Unit Acknowledging the spiritual dimension of their universe and respecting the mauri or central life force of every living thing was fundamentally important to the Maori world view. CULTURAL OBJECTS 2.12 All human remains and burial objects of indigenous peoples held by museums and other institutions must be returned to their traditional areas in a culturally appropriate manner. 1. survival . "For them to take that and translate it into a carpet, and take it apart … I was just devastated. Intellectual and cultural property rights are not generally considered central to the indigenous cause. This research theme investigates the application of intellectual property law to the realm of cultural heritage, as well as alternative models to protect, promote, and maintain tangible and intangible cultural heritage. The idea of ICIP is based on the principle of self-determination. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to: There is no specific legislation in Australia that recognises ICIPR. The international policy debate on the intellectual property rights of indigenous peoples has advanced from the question of whether indigenous knowledge should be protected to a consideration of how to protect it. ‘due account’ of the cultural and religious values of indigenous populations and to promote the full realization of the cultural rights of indigenous peoples. "The fact that people can use Indigenous words or designs without consent or consultation can be detrimental to an Indigenous community or individual.". If someone copies that and distributes it, they now own that image. Have you ensured that the community understands the copyright issues of the project? . INDIGENOUS CULTURAL & INTELLECTUAL PROPERTY (ICIP) ICIP is a short way of saying Australian “Indigenous Cultural and Intellectual Property”. Indigenous peoples claim that existing intellectual property rights (IPR) systems do not provide adequate recognition and protection of their cultural products and expressions. 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