Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

2021 ◽  
pp. 1037969X2098271
Author(s):  
David J Jefferson
Keyword(s):  
Intellectual Property ◽  
Cultural Knowledge ◽  
Indigenous Australians ◽  
Policy Agenda ◽  
Commercial Products ◽  
Trade Marks ◽  
Native Foods ◽  
Certification Mark

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

18. Control of information, reputation, and intellectual property

2019 ◽  
pp. 726-750
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Data Protection ◽  
Private Information ◽  
Freedom Of Expression ◽  
Personal Privacy ◽  
Trade Marks ◽  
Passing Off ◽  
And Control ◽  
The Relationship

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

scholarly journals From Smokebush to Spinifex: Indigenous traditional knowledge and the commercialisation of plants

2018 ◽  
Author(s):  
Terri Janke
Keyword(s):  
Indigenous Knowledge ◽  
Plant Material ◽  
Indigenous Rights ◽  
Cultural Knowledge ◽  
Indigenous Australians ◽  
Shared Understanding ◽  
Plant Knowledge ◽  
Australian Plant ◽  
Culturally Based ◽  
Indigenous Plant

Indigenous Australians, Aboriginal and Torres Strait Islanders, have diverse relationships with plants and their seeds. This cultural knowledge has been passed on through the generations, creating a deep history that has produced sophisticated fields of knowledge intimately linked to both diverse cultural geographies and the natural environment across the country. Western scientific, government and private sector commercial institutions have been collecting Australian plant material for over 200 years. Sometimes, such ‘collectors’ obtain the Indigenous knowledge simultaneously with the plant material. On occasions, the culturally-based Indigenous ownership of that knowledge is acknowledged by collectors. However in the majority of instances that has not been the case. Furthermore, different western institutions take different approaches to the collection, management and use of Australian plant material and associated Indigenous plant knowledge. A particular challenge in this arena is the lack of any shared understanding of Indigenous knowledge and intellectual property issues that are involved, and how those might best be addressed. But there is a gathering momentum, from diverse quarters, to face such challenges. This paper aims to contribute to consideration of the issues involved in order to promote more robust inclusion of Indigenous rights, interests and concerns.

20. Trade mark and domain-name issues

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Domain Name ◽  
Trade Marks ◽  
The United Kingdom ◽  
Related Trade

This chapter focuses on trade mark protection in the United Kingdom. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.

The purpose of a certification mark is to indicate that the goods or services on which it is used comply with certain objective standards which the proprietor has set. These may relate to: origin; material; mode of manufacture; or quality; The terms governing the use of the mark must be set out in regulations, which must be approved prior to registration of the mark. Responsibility for this lies with the Trade Marks Registry. In debates on the legislation, the government gave the example of an association of cheese makers, which may allow its members to put a certification mark on their goods to indicate that they were produced by traditional methods. The wool industry uses the well-known ‘Woolmark’, registered in the name of the International Wool Secretariat, to identify its products. And there is no reason why a manufacturer, for example, of vaccines used in fish farming, may not register a certification mark which indicates that certain fish have been treated with its products. Like collective marks, certification marks may be used with other trademarks. The producer of goods or supplier of a service may indicate the origin of the goods or service as well as their compliance with the relevant standards. Paragraph 2 of schedule 2 modifies the notion of what a trademark may comprise for the purposes of these provisions. It must serve to distinguish goods or services which are certified from goods or services that are not. CONDITIONS FOR REGISTRATION

1997 ◽  
pp. 597-598
Keyword(s):  
Fish Farming ◽  
Traditional Methods ◽  
Trade Marks ◽  
The Government ◽  
Certification Mark ◽  
Collective Marks ◽  
Wool Industry

Private prosecution of intellectual property rights infringements in Singapore

2019 ◽  
Vol 9 (4) ◽  
pp. 484-489
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Case Law ◽  
Trade Marks ◽  
Locus Standi ◽  
The Right

Case law from Singapore shows that one of the ways in which intellectual property rights holders have protected their rights is through private prosecutions. This is the case although the relevant pieces of legislation on patents, copyright and trade marks are silent on the issue of private prosecutions. The question of who is entitled to institute a private prosecution in intellectual property rights infringements remains unclear to some people. The purpose of this article is to discuss the issues of locus standi to institute a private prosecution in intellectual property cases and the measures to minimize abusing the right to institute a private prosecution.

2. The international and European framework

2019 ◽  
pp. 28-38
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Trade Marks ◽  
The World ◽  
International Conventions ◽  
International Aspects

This chapter considers the international aspects of intellectual property rights. It summarizes the various international conventions, treaties, agreements, and protocols that are in place, all of which are administered by the World Intellectual Property Organization. The chapter also discusses European initiatives in the areas of patents, trade marks, industrial designs, and copyright.

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