Research Guides: Research with Indigenous Communities: Cultural & Intellectual Property

Cultural & Intellectual Property

Indigenous Peoples have the right to own, manage, and control their cultural and intellectual property (copyright, patents, trademarks, etc.) including around traditional knowledge and cultural heritage.

Page contents:

Resource Highlight

Local Contexts supports the intellectual property and cultural heritage rights of Indigenous Peoples by providing a framework (metadata, persistent identifier, and icon) for asserting Indigenous rights. Using customizable Traditional Knowledge (TK) and Biocultural (BC) Labels Indigenous Peoples can tag digital content with controls for access and use. TK and BC Notices can be employed by institutions and researchers to identify data or collections that may be of interest to Indigenous Peoples or that may require review. Researchers can apply a Local Context Notice to their scholarly outputs as an acknowledgement of Indigenous rights and interest.

Indigenous-led Initiatives & Resources

Aboriginal Cultural and Intellectual Property (ACIP) Protocol
"The Aboriginal Cultural and Intellectual Property Protocol was prepared for Aboriginal Affairs NSW (AANSW) by Terri Janke and Company in 2019. The protocol was drafted to address the lack of recognition of Indigenous Cultural and Intellectual Property (ICIP) rights under Australian law. The protocol uses the ten True Tracks Principles created by Terri Janke and Company to outline how AANSW will engage with Aboriginal peoples and communities."
Indigenous Knowledge: Issues for protection and management
Indigenous Knowledge: Issues for Protection and Management is a discussion paper commissioned by IP Australia & the Department of Industry, Innovation and Science and researched and written by Terri Janke and Company. The paper presents complex six areas of traditional knowledge and cultural expression that require protection and management as well as options for addressing the issues.
Mukurtu CMS
"The free, mobile, and open source platform built with Indigenous communities to manage and share digital cultural heritage. Mukurtu (MOOK-oo-too) is a grassroots project aiming to empower communities to manage, share, narrate, and exchange their digital heritage in culturally relevant and ethically-minded ways."
National Congress of American Indians (NCAI)
"The National Congress of American Indians, founded in 1944, is the oldest, largest and most representative American Indian and Alaska Native organization serving the broad interests of tribal governments and communities."
Native American Rights Fund - Intellectual Property
NARF advocates "to include Native peoples’ in discussions and decisions on intellectual property law and policy."

General Resources

Indigenous Knowledge, IP Australia
The Indigenous Knowledge IP Hub of the Australian Government provides information and links to resources to support Aboriginal and Torres Strait Islanders’ businesses and communities in navigating intellectual property rights. The Hub also provides resources for businesses that have questions about working with, developing, or adapting traditional knowledge or traditional cultural expressions.
Indigenous Peoples and Intellectual Property
This webpage, from the Government of Canada, provides educational resources for learning more about protecting Indigenous traditional knowledge and cultural expressions. The site highlights the important role of recognizing Indigenous rights in Canada’s 2018 Intellectual Property Strategy. The webpage provides links to research, overviews, and training prepared by departments within the Canadian government.
Their Knowledge, Their Rights: Using Traditional Knowledge and Intellectual Property to Protect Communities
Written by Ugonma Nwankwo and Charles Kenny in 2021, this blog discusses the challenges with current systems of intellectual property and traditional knowledge. A focus of the blog is on patentable knowledge and provides examples of the commercialization of traditional knowledge.
Traditional Knowledge and Creative Commons – White Paper
Written by Mehtab Khan in 2018, this white paper provides an overview of the challenges of traditional knowledge and our current system of intellectual property.
Traditional Knowledge and Intellectual Property – Background Brief
This publication from the World Intellectual Property Organization (WIPO), specialized agency working with the United Nations, provides an overview of the challenges of Indigenous rights related to traditional knowledge, cultural expressions, and patentable genetic resources. WIPO has 193 member states and leads the development of an international intellectual property system.