Indigenous Cultural and Intellectual Property
Indigenous Cultural and Intellectual Property (ICIP) is a rights-based approach to respecting Indigenous knowledge systems; it encompasses the knowledge, innovations, and cultural expressions of Indigenous peoples. Many aspects of Indigenous knowledges are related to communal knowledge held by groups of Indigenous peoples. ICIP is a way to recognise intellectual property rights in a system that is based on individual and corporate rights.
Other terms may be used to describe aspects of ICIP or Indigenous knowledge systems:
- Traditional knowledge refers to the wisdom, practices and skills developed by Indigenous peoples over centuries.
- Traditional cultural expressions include lore, music, dance, song, art and rituals that are passed down through generations.
- Cultural heritage encompasses both tangible artefacts and intangible practices inherited from past generations, maintained and used in the present and protected for the benefit of future generations.
- Cultural protocols dictate proper interactions between Indigenous peoples and proper use of knowledge; they outline the respectful and appropriate use, display and management of Indigenous cultural materials.
ICIP includes both tangible cultural heritage – such as objects, art, books, recordings and film – and intangible cultural heritage like knowledge of the seasons and medicinal plant usage, song, languages and oral histories. It is important to recognise that the term ICIP is just one way to describe all the aspect of an Indigenous knowledge system, and that Indigenous communities may use other words or phrases to describe ICIP.
For a more in-depth understanding of ICIP, consult Guideline 1.3 in A Guide to applying The AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research.
Why understand ICIP?
Understanding ICIP may assist you to increase your cultural intelligence and understanding of Indigenous knowledge systems, develop culturally responsive practices, raise awareness of historical injustices and gain a better understanding of the complexities of the intersection of ICIP and intellectual property rights.
International context
The United Nations Declaration of Rights of Indigenous People (UNDRIP), adopted by the United Nations General Assembly in 2007, provides a framework for recognising and protecting Indigenous peoples' rights to cultural and intellectual property. UNDRIP sets out the collective and individual rights of Indigenous peoples, addressing rights to culture, identity, language, employment, health, education and other areas.
In the context of ICIP, UNDRIP contains several provisions that are particularly relevant:
- Right to Cultural Heritage (Article 11)
- Right to Self Determination (Article 13)
- Right to Free, Prior and Informed Consent (Article 19)
- Right to Maintain, Control and Protect Intellectual Property (Article 31)
- Right to Remedies and Redress (Article 28)
The WIPO Treaty on Intellectual property (IP), genetic resources and Associated Traditional Knowledge signed in May 2024 is a consensus on an international legal instrument that recognises traditional knowledge in the international patent system.
The objectives of this Treaty are to:
- enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources, and
- prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.