15 January 2025
For First Nations peoples, culture is deeply tied to land, sky, sea, community, language, and a shared history. This interconnected way of life, passed down through generations, continues to evolve as communities reclaim and revitalise their cultural heritage. However, as First Nations culture is increasingly sought after in industries like fashion, tourism, and environmental management, protecting Indigenous Cultural and Intellectual Property (ICIP) becomes essential to ensure its use is ethical and respectful.
ICIP encompasses all aspects of First Nations cultural heritage, including traditional knowledge, expressions like art and stories, sacred sites, and even ancestral remains. It is communally owned, tied to identity, and evolves alongside First Nations cultures. While international frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise the rights of Indigenous peoples to control their heritage, there is no specific law in Australia that protects ICIP. General intellectual property laws, such as copyright and trademarks, have limitations and often fail to address the unique communal and evolving nature of ICIP.
Recognising this gap, the Australian government is developing standalone legislation to protect ICIP, as outlined in the 2023 National Cultural Policy. This follows years of advocacy and reports highlighting the misuse and appropriation of Indigenous culture. In the meantime, contracts and protocols like the True Tracks® Principles provide practical tools to safeguard ICIP, guiding ethical engagement with First Nations communities. These frameworks promote respect and mutual benefit, ensuring that First Nations peoples maintain control over their cultural heritage while fostering collaboration and innovation.
