Traditional knowledge - ICIP

Traditional knowledge, or Indigenous Cultural and Intellectual Property (ICIP), encompasses the cultural heritage, practices, and knowledge systems of Indigenous peoples.

Copyright Law and open access, individual ownership and usage rights, are concepts that do not translate well in many cultures where heritage, creativity and access to knowledge is part of the community structure and lore.

Copyright protection only applies where an idea is expressed in a tangible form through writing or artwork. This leaves owners or custodians of traditional knowledge vulnerable to misappropriation and exploitation.

The duration of copyright protection is finite. Under copyright laws ancient artworks, songs or dances may be in the public domain.

  • Before sharing public domain works consider whether there are any cultural heritage, sacred, private, or culturally sensitive issues.
  • Before using traditional cultural expressions (TCE's) such as artwork, language, song or dance consider the communal ownership and traditional knowledge that may be infringed.

The Australian Government is considering introducing Stand-alone Indigenous Cultural and Intellectual Property Legislation that will address some of the issues around copyright in relation to Indigenous Knowledge.

In May 2024 the World Intellectual Property Organisation (WIPO) member states adopted the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.

See IP Australia for more information about Indigenous Cultural and Intellectual Property.