Protecting Aboriginal Cultural Assets: Guide to Rainforest Aboriginal Peoples’ Indigenous Cultural and Intellectual Property Rights

Rainforest Aboriginal peoples have knowledge, cultural expressions, and genetic resources highly sought after by business, industry, universities, and government. As more people come to access these cultural assets, Rainforest Aboriginal peoples need to have information about laws that impact their rights to control how their knowledge is used. This will enable them to manage their interests and protect their Indigenous Cultural and Intellectual Property (ICIP). There are significant gaps in Australian Intellectual Property (IP) and heritage laws that prevent Rainforest Aboriginal peoples from enforcing their rights over their traditional knowledge and cultural expressions. IP law does not recognise Indigenous peoples' rights to intangible expressions such as Dreaming stories or traditional knowledge, artistic styles or techniques, nor the concept of communal ownership of ICIP. This Guide aims to inform Rainforest Aboriginal peoples of their ICIP rights and provide information on IP, heritage, and access and benefits sharing laws. It is important to know that whilst ICIP rights are inherent rights of Indigenous peoples, the legal system has limitations. Rainforest Aboriginal peoples must assert rights through protocols, using existing laws to their advantage and negotiating rights in signed agreements. This is a useful strategy for protecting and managing Indigenous knowledge and cultural heritage. In accordance with the Madja Code, this Guide “promotes more equitable status of self-determination through co-design, co-leadership, and co-benefit from research and activity projects” conducted on Rainforest Aboriginal peoples’ land and seas (Grant, 2019).