Unit rationale, description and aim
Indigenous Knowledge is vital to sustaining Indigenous history, cultural and social identity, offering globally unique perspectives into ecosystems, environmental practices and diverse local knowledge. Studying Indigenous knowledge and intellectual property (IP) law is crucial to protect Indigenous peoples' rights to cultural heritage and expressions. Knowledge, understood as “know-how, skills, innovations, practices, teachings and learnings” is often associated with IP. However, IP laws grapple with recognising collective Indigenous knowledge, oral traditions and, protection for equitable benefit-sharing. A new UN WIPO, Treaty on IP, Genetic Resouces and Associated Traditional Knowledge aims to prevent exploitation and "biopiracy".
Students will discuss the UN Declaration of the Rights of Indigenous Peoples (UNDRIP, 2007), Article 31, which recognises rights of Indigenous peoples to “maintain, control, protect and develop” knowledge and cultural expressions. Students will explore different facets of Indigenous knowledge from its holistic approach and connected processes to practical applications across intangible and tangible heritage. This extends to protection for rivers, cultural heritage, architecture and urban planning. Students will examine how self-determination in Indigenous-led Museum practices has led to implementation of Data Sovereignty principles. The unit aims to provide insight into Indigenous knowledge and transferable skills for rights and reform recognition in a global context.
Campus offering
No unit offerings are currently available for this unit.Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
1. Analyse the recognition of Indigenous tradition...
Learning Outcome 01
2. Assess how Indigenous peoples’ living tradition...
Learning Outcome 02
3. Examine common law cases that address Indigenou...
Learning Outcome 03
4. Evaluate Indigenous knowledge rights and concep...
Learning Outcome 04
Content
Topics will include:
- Indigenous knowledge: Nature, custodianship and transmission.
- Ownership of Indigenous Intellectual Property (IP): Individual versus collective.
- International IP Rights from the Paris Convention (1883): Copyright, Patents, Designs
- Living traditions: Indigenous riparian rights in Australia and New Zealand
- Legal principles: Confidence, Free prior informed consent, Self-determination.
- Cultural heritage: Heritage conflicts in Commonwealth and states’ laws.
- Urban planning, land use and development: rights, access and protection.
- Fair dealing and commercial control: integrity and benefits in design and fashion.
- WIPO and UNDRIP (2007): recognition of expressions, food and medicine rights.
- Reform: Ara Irititja archive model, data sovereignty principles, FAIR and CARE.
Assessment strategy and rationale
To pass this unit, students must achieve an overall minimum grade of pass (50%). Rubrics and feedback will be utilised to describe the standard of work expected.
Students will be expected to demonstrate learning outcomes through scaffolded oral and written activities. To assure assessment in the age of generative artificial intelligence, demonstrating learning outcomes will be integrated with supervised in-class interactive exercises, oral assessment and Cadmus for written assignments.
Task 1. In a brief verbal in-class presentation, students will articulate their ideas about key Indigenous knowledge concepts in the context of intellectual property laws and/or any Convention, Agreement, Declaration or Treaty. This will enable achievement of LO1.
Task 2. In an in-class interactive exercise, students will locate a court case to reflect upon Statutes, Conventions, Agreements, Declarations and Treaties on Intellectual Property from Indigenous peoples’ standpoint. Subsequently, students will write a case study contextualising their research with analysis and citations. This will enable achievement of LO2.
Task 3. In a research essay, students will examine Indigenous intellectual property reform recognition and rights in a sector of interest. The purpose is to evaluate evidence, to propose solutions and consider implications arising from recognising Indigenous knowledge. This will enable achievement of all learning outcomes.
Overview of assessments
1. Seminar Presentation S...
1. Seminar Presentation
Students are expected to participate in tutorials, whether in-person or online, recognising that pre-reading materials and preparation for tutorials contribute to quality group engagement and their own learning.
Assessment Method: Presentation - in-person or online (5 minutes, equivalent 800 words).
Students will present verbally to explain a key concept/s in the historical development of Western ideas of civil government, such as liberty, freedoms, sovereignty, autochthony, civil rights and, full citizenship, with a brief analysis of bias in respect of Indigenous peoples.
The purpose is to develop students’ knowledge and comprehension about civil government and Indigenous people
20%
2. Reflective Case Study In an in-cl...
2. Reflective Case Study
In an in-class interactive exercise, students will locate a court decision of relevance to the Native Title Act and explore historic legal principles.
Assessment Method: Reflective Report on a Court Case. (1000 to 1500 words)
In their subsequent written assignment, students will identify issues, undertake legal research, analyse the context and different values utilising a range of sources, and communicate their reflections.
The purpose is to develop personal reflective skills about Native Title in the context of different values, beliefs and relevant Indigenous peoples’ standpoint.
The purpose is to develop skills in critical reading, analysis across a range of sources (texts, sound, visual arts, audio-visual) and clear communication.
30%
3. Research Essay Students wil...
3. Research Essay
Students will synthesise and evaluate legal principles and issues arising in native title claims and their application in practice.
Students will be required to demonstrate their ability to critically analyse legal issues, legal history and concepts relating to elements of a Native Title claim.
Assessment Method: Research Essay (1500-2000 words).
The purpose is for students to develop skills that persuade readers of an idea based on evidence, to propose solutions and consider implications arising from Native Title claims.
Students will be expected to analyse a question, locate and reference research, organise their ideas, construct drafts, seek feedback, edit and, finalise citations in support of their argument.
50%
Learning and teaching strategy and rationale
This unit will be taught through lectures, tutorials, original sources, library research, use of audio and visual materials to hear Indigenous voices, presentations and scholarly debate as part of inquiry-based learning. Students will progress from inquiry (asking questions and gathering information) to analysis (breaking down information, identifying patterns, and evaluating evidence) to applied reflection in practical contexts. Their progress will be supported by scaffolding assessments, a structured path to develop their knowledge skills as they progress through the unit to develop their own conclusions. Accessibility and flexibility in learning will be supported through different modes of delivery.
Lectures with audio and visual materials will provide support and structure for student research and investigation. Tutorials will start with proposing a research question, supported by in-class peer reflections. Students will formulate questions about the topic based on their research. Students will be encouraged to work independently and in small groups to evaluate credibility of the sources and evidence. Educators will faciltitate students as a group to reflect and apply their knowledge skills with a focus on “real world” cases. Students will be asked to critically reflect on their research findings addressing socio-economic inequality and rights of Indigenous peoples in an international context.
Representative texts and references
Legal Particulars
Note: Specialist printed materials with legal particulars and relevant national and international protocols for museums will be made available free prior to the teaching period.
Representative Texts
Bracknell, Clint and Kim Scott. “Ever-widening circles: Consolidating and enhancing Wirlomin Noongar archival material in the community”. In Barwick, Linda, Jennifer Green and Petronella Vaarzon-Morel (eds). Archival Returns: Central Australia and Beyond. Sydney University Press, 2020.
Callison, Camille (ed). Indigenous notions of ownership: Libraries, Archives and Museums. IFLA Publications, 2016.
CSIRO (eds). Our Knowledge, Our Way in caring for Country: Indigenous-led approaches to strengthening and sharing our knowledge for land and sea management. 2020.
Davidson, Elle, Libby Porter, Ani Landau-Ward, Ed Wensing, Matthew Kelly and Donald McNeill, Voicing First Nations Country, culture and community in urban policy. AHURI Final Report No. 430 (2024).
Drahos, Peter. A philosophy of intellectual property. Aldershot, c 1996.
Evatt, Elizabeth. Review of Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (1996).
Fisher K. and M. Parsons. “River Co-governance and Co-management in Aotearoa New Zealand: Enabling Indigenous Ways of Knowing and Being”. Transnational Environmental Law 9 no. 3 (2020):455-80.
Hirtle, Peter B., Emily Hudson and Andrew T. Kenyon. Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, And Museums. Ithaca, NY: Cornell University Library Press, University of Melbourne Legal Studies Research Paper No. 434, 2009.
Janke, Terri. Our culture our future: Report on Australian indigenous cultural and intellectual property rights. Prepared for Australian Institute of Aboriginal and Torres Strait Islander Studies and the Aboriginal and Torres Strait Islander Commission. Michael Frankel & Company, 1998.
Janke, Terri. True Tracks: respecting indigenous knowledge and culture. Sydney University Press, 2021.
Christen, Kimberly. “Ara Irititja Protecting the Past Accessing the Future: Indigenous Memories”, Museum Anthropology 29, no. 1 (March 2006): 56–60.
Talakai, Malia. Intellectual Property and Safeguarding Cultural Heritage: A Survey of Practices and Protocols in the South Pacific, Report to WIPO (2007).
Wensing, Edward. “Indigenous rights and interests in statutory and strategic land use planning: Some recent developments”, James Cook University Law Review 24 (2018): 169-90.
World Intellectual Property Organisation (WIPO) Secretariat, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, Geneva, July 7 to 15, 2003, Composite Study on The Protection of Traditional Knowledge, WIPO/GRTKF/IC/5/8.
WIPO, Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions / Expressions of Folklore (May 2003).
WIPO, Guide to the Application of the Paris Convention for the Protection of Industrial Property as Revised at Stockholm in 1967 [Brussels, Washington, The Hague, London, Lisbon, Stockholm revisions].
Audio-Visual
MacLean, Danielle (dir). Emily: I Am Kam, prod by Anna Grieve (Tamarind Tree Pictures, 2025). 51 minutes. [Documentary on Emily Kngwarray, Anmatyerr artist, her connection to law, country and culture.]
Wiggan, Albert. The case to recognise Indigenous knowledge as science, TEDxSydney, 10:26 minutes. <https://www.youtube.com/watch?v=X5QON5l6zy8>.