Submission on the Hawke Interim Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Holcombe, Sarah, Rimmer, Matthew, & Janke, Terri (2009) Submission on the Hawke Interim Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Social Science Research Network, Rochester, NY.

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There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There are already a range of reports/resources that urge these same reforms and that we direct the Enquiry to again; these include the Voumard Report (2000) – especially Fourmile’s Appendix 10 – “Indigenous Interests”, and Terri Jankes “Our Culture, Our Future (1998).

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ID Code: 85402
Item Type: Report
Refereed: No
Keywords: Australia's Environment and Biodiversity Conservation Act 1999 (Cth), Declaration on the Rights of Indigenous Peoples, Indigenous knowledge, Intellectual property, Intellectual Property and Innovation Law Research Group
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2009 The Authors
Deposited On: 12 Nov 2015 02:35
Last Modified: 18 May 2017 05:03

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