Traditional knowledge and Indigenous cultural expression

What is meant by 'traditional knowledge'?

Traditional knowledge refers to:

• knowledge or practices passed down from generation to generation that form part of the traditions or heritage of Indigenous communities
• knowledge or practice for which Indigenous communities act as the guardians or custodians.

The type of knowledge that is considered within this scope includes:

• knowledge about the medicinal properties or effects of flora and fauna
• knowledge about hunting or fishing techniques.

What is meant by 'Indigenous cultural expression'?

Indigenous cultural expression refers to:

• ways in which Indigenous communities express their traditional culture
• ways that are part of their heritage or identity
• ways that are passed down from generation to generation.

Indigenous cultural expression might, for example, take the form of song, stories, dances, art, designs, crafts, etc.

Who owns traditional knowledge and Indigenous cultural expression?

Indigenous communities regard themselves as the guardians and owners of traditional knowledge and Indigenous cultural expression on behalf of their communities.

The intellectual property framework does not easily protect traditional knowledge and Indigenous cultural expression.

Sometimes, the opposite is the case, where the intellectual property framework might operate to allow traditional knowledge and Indigenous cultural expression to be commercially exploited, for great profit, without any economic benefits accruing to the Indigenous communities that made it available in the first place.

For example:

• An Indigenous community might have knowledge that a particular plant has a medicinal effect. Scientists, with the benefit of that knowledge, undertake research on the plant. They identify the compounds that have the medicinal effect and develop a drug. The pharmaceutical company that produces and markets the drug realises significant profits, and its shareholders benefit financially. However, there are no economic benefits for the Indigenous community that made this possible.
• The music of an Indigenous folk song might be adapted so that the adaptation is subject to copyright. The copyright holder earns royalties and income from the recording, as well as its performance. However, no royalties or income are shared with the Indigenous community that 'owned' the music before its adaptation.

There is some protection of traditional knowledge and Indigenous cultural expression by the intellectual property system, for example:

However, intellectual property laws offer limited protection for traditional knowledge and Indigenous cultural expression.

More information

For more information on this topic, read:

• Traditional knowledge and biodiscovery
• Reform of the Biodiscovery Act 2004.