Recent developments in law reform and Indigenous cultural and intellectual property in Australia

A recent Law Reform Commission report into the recognition of indigenous customary laws in Australia has refocused attention on the inappropriateness of using Western intellectual property laws to protect the intellectual and cultural products of indigenous people. The report, and a related background paper to the report, have again highlighted some of the fundamental differences, and indeed, irreconcilable world views between indigenous and non-indigenous peoples on life, culture and intellectual property. The purpose of this article is to provide an overview of the report's recommendations with respect to indigenous customary law and intellectual property, and also outline some of the previous developments in this area. In addition, the article will attempt to illustrate some of the difficulties of using Western legal regimes to protect indigenous intellectual property by providing an overview of some of the cases in Australia dealing with copyright issues and artworks incorporating traditional/ancestral designs.