The limits of ABS laws: why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections

Daniel Robinson, Margaret Raven, John Hunter

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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.

LanguageEnglish
Title of host publicationBiodiversity, genetic resources and intellectual property
Subtitle of host publicationdevelopments in access and benefit sharing
EditorsCharles Lawson, Kamalesh Adhikari
Place of PublicationNew York ; London
PublisherRoutledge, Taylor and Francis Group
Chapter8
Pages185-207
Number of pages23
ISBN (Electronic)9781351580342, 9781315098517
ISBN (Print)9781138298620
DOIs
Publication statusPublished - 2018

Publication series

NameRoutledge Research in Intellectual Property
PublisherRoutledge

Fingerprint

medicine
food
patent
Law
knowledge
community
intellectual property
commercialization
right of ownership
integrity
regime
responsibility
resources
Indigenous knowledge
Knowledge protection
Benefit sharing
George W. Bush
Medicine
Food
Patents

Cite this

Robinson, D., Raven, M., & Hunter, J. (2018). The limits of ABS laws: why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections. In C. Lawson, & K. Adhikari (Eds.), Biodiversity, genetic resources and intellectual property: developments in access and benefit sharing (pp. 185-207). (Routledge Research in Intellectual Property). New York ; London: Routledge, Taylor and Francis Group. https://doi.org/10.4324/9781315098517
Robinson, Daniel ; Raven, Margaret ; Hunter, John. / The limits of ABS laws : why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections. Biodiversity, genetic resources and intellectual property: developments in access and benefit sharing. editor / Charles Lawson ; Kamalesh Adhikari. New York ; London : Routledge, Taylor and Francis Group, 2018. pp. 185-207 (Routledge Research in Intellectual Property).
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Robinson, D, Raven, M & Hunter, J 2018, The limits of ABS laws: why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections. in C Lawson & K Adhikari (eds), Biodiversity, genetic resources and intellectual property: developments in access and benefit sharing. Routledge Research in Intellectual Property, Routledge, Taylor and Francis Group, New York ; London, pp. 185-207. https://doi.org/10.4324/9781315098517

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 proceedingChapterResearchpeer-review

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Robinson D, Raven M, Hunter J. The limits of ABS laws: why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections. In Lawson C, Adhikari K, editors, Biodiversity, genetic resources and intellectual property: developments in access and benefit sharing. New York ; London: Routledge, Taylor and Francis Group. 2018. p. 185-207. (Routledge Research in Intellectual Property). https://doi.org/10.4324/9781315098517