True Tracks: Indigenous cultural and intellectual property principles for putting self-determination into practice

Abstract

The appropriation of Indigenous knowledge is not adequately protected by Australian intellectual property laws. Indigenous Cultural and Intellectual Property (ICIP) rights include free, prior informed consent, integrity, attribution and benefit sharing. Appropriation of culture is demeaning but also steals economic opportunities from Indigenous people. This thesis will show how the True Tracks ICIP Protocols provide a framework for negotiating rights between ICIP holders and users. The thesis will explore ICIP and the gaps between the law in providing protection. It will also include case studies on performing arts; Indigenous arts; records management; film protocols; and traditional knowledge and biological materials. In conclusion, my thesis will demonstrate that the True Tracks ICIP Framework is a proven track record for dealing with ICIP. This approach can assist Indigenous people assert their ICIP rights with the necessary supporting infrastructure and governance. Furthermore, the True Tracks ICIP framework can inform new law.