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Wright, Evana --- "Protecting traditional knowledge in Australia: what can we learn from India and Peru?" [2019] ELECD 1403; in Frankel, Susy (ed), "Is Intellectual Property Pluralism Functional?" (Edward Elgar Publishing, 2019) 206

Book Title: Is Intellectual Property Pluralism Functional?

Editor(s): Frankel, Susy

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: Protecting traditional knowledge in Australia: what can we learn from India and Peru?

Author(s): Wright, Evana

Number of pages: 29

Abstract/Description:

There is limited protection of traditional knowledge in Australia with some legislative frameworks established at federal, state and territory levels. The partial protections established under these frameworks are fragmented across each jurisdiction providing opportunities for third parties to exploit these gaps and engage in misappropriation and exploitation of traditional knowledge. While Australia is yet to ratify the Nagoya Protocol, the Australian federal government is engaging in consultations to assess the operation of the intellectual property system with regards to traditional knowledge. In doing so, it is valuable to examine how foreign jurisdictions have approached the issue and to learn from their experience. This chapter examines what can be learnt from the experience of India and Peru in establishing their respective regimes for the protection of traditional knowledge with the objective of informing the design and implementation of a nationally consistent regime for the protection of traditional knowledge in Australia.