Abstract
The Australian system of access and benefit sharing (ABS) relating to biological resources provides inadequate protection to Indigenous knowledge (IK). This chapter explores a number of Australian examples where IK associated with endemic species has been utilised for research and/or commercialisation, and where patents have been obtained relating to such uses. The examples that we present in this chapter highlight issues and gaps that exist with the current Australian ABS regime. The chapter is also a collaborative response that reflects common community-based Indigenous voices which are communicating deep concerns about the cultural and spiritual integrity of IK and how their knowledge is being unfairly appropriated for commercial gains using patents (and other intellectual property rights):
It is commonly expressed by Aboriginal communities that they are concerned about their knowledge being stolen and it is our personal responsibility as professional Aboriginal people to support our communities.
From these perspectives, we make suggestions for how these issues might be rectified.
| Language | English |
|---|---|
| Title of host publication | Biodiversity, genetic resources and intellectual property |
| Subtitle of host publication | developments in access and benefit sharing |
| Editors | Charles Lawson, Kamalesh Adhikari |
| Place of Publication | New York ; London |
| Publisher | Routledge, Taylor and Francis Group |
| Chapter | 8 |
| Pages | 185-207 |
| Number of pages | 23 |
| ISBN (Electronic) | 9781351580342, 9781315098517 |
| ISBN (Print) | 9781138298620 |
| DOIs | |
| Publication status | Published - 2018 |
Publication series
| Name | Routledge Research in Intellectual Property |
|---|---|
| Publisher | Routledge |
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The limits of ABS laws : why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections. / Robinson, Daniel; Raven, Margaret; Hunter, John.
Biodiversity, genetic resources and intellectual property: developments in access and benefit sharing. ed. / Charles Lawson; Kamalesh Adhikari. New York ; London : Routledge, Taylor and Francis Group, 2018. p. 185-207 (Routledge Research in Intellectual Property).Research output: Chapter in Book/Report/Conference proceeding › Chapter › Research › peer-review
TY - CHAP
T1 - The limits of ABS laws
T2 - why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections
AU - Robinson, Daniel
AU - Raven, Margaret
AU - Hunter, John
PY - 2018
Y1 - 2018
N2 - The Australian system of access and benefit sharing (ABS) relating to biological resources provides inadequate protection to Indigenous knowledge (IK). This chapter explores a number of Australian examples where IK associated with endemic species has been utilised for research and/or commercialisation, and where patents have been obtained relating to such uses. The examples that we present in this chapter highlight issues and gaps that exist with the current Australian ABS regime. The chapter is also a collaborative response that reflects common community-based Indigenous voices which are communicating deep concerns about the cultural and spiritual integrity of IK and how their knowledge is being unfairly appropriated for commercial gains using patents (and other intellectual property rights):It is commonly expressed by Aboriginal communities that they are concerned about their knowledge being stolen and it is our personal responsibility as professional Aboriginal people to support our communities.From these perspectives, we make suggestions for how these issues might be rectified.
AB - The Australian system of access and benefit sharing (ABS) relating to biological resources provides inadequate protection to Indigenous knowledge (IK). This chapter explores a number of Australian examples where IK associated with endemic species has been utilised for research and/or commercialisation, and where patents have been obtained relating to such uses. The examples that we present in this chapter highlight issues and gaps that exist with the current Australian ABS regime. The chapter is also a collaborative response that reflects common community-based Indigenous voices which are communicating deep concerns about the cultural and spiritual integrity of IK and how their knowledge is being unfairly appropriated for commercial gains using patents (and other intellectual property rights):It is commonly expressed by Aboriginal communities that they are concerned about their knowledge being stolen and it is our personal responsibility as professional Aboriginal people to support our communities.From these perspectives, we make suggestions for how these issues might be rectified.
UR - http://www.scopus.com/inward/record.url?scp=85047302642&partnerID=8YFLogxK
U2 - 10.4324/9781315098517
DO - 10.4324/9781315098517
M3 - Chapter
SN - 9781138298620
T3 - Routledge Research in Intellectual Property
SP - 185
EP - 207
BT - Biodiversity, genetic resources and intellectual property
A2 - Lawson, Charles
A2 - Adhikari, Kamalesh
PB - Routledge, Taylor and Francis Group
CY - New York ; London
ER -