Edited by Susy Frankel
Chapter 8: Protecting traditional knowledge in Australia: what can we learn from India and Peru?
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.