Intellectual property refers to our ownership of language, knowledge and knowledge systems relating to our homelands, Story Places and Tracks, artefacts, and also to the complex system (or law) governing the use and management of our lands and associated resources.
For too long now Kaanju people (as with Aboriginal people across Australia) have been exploited by outsiders who have had little or no regard or respect for our rights as owners and custodians of the land, its resources and associated knowledge and knowledge systems. Apart from a few notable exceptions (i.e. those people who have built considerable rapport with our communities over years and decades), we have received little or no remuneration for the knowledge we have communicated, nor for the time and energy we have spent sharing such knowledge with others. Rarely is consent sought from the appropriate people to access our homelands for research, photography and other activities, permission asked to further disseminate knowledge accessed, nor acknowledgement made of our intellectual property rights as regards to such knowledge.
Our objectives in regard to intellectual property issues are:
- To protect Kaanju intellectual property rights.
- To set protocols for research on Kaanju homelands and with Kaanju people.
- To promote research on Kaanju homelands by and for Kaanju people.
We have developed Draft Ethical Guidelines and Research Protocols with the aim to protect Kaanju intellectual property and to encourage 'bottom-up' locally initiated and driven approaches to research and development on our homelands. This approach is opposed to externally imposed research projects that are often distinguished by a lack of community involvement and ownership and by mere symbolic forms of community 'consultation'. Further, in developing these guidelines we are challenging the view held by many Western researchers, scientists, tourism operators, professional photographers, developers and government that the land is 'empty' and also the assumption that our homelands are an 'open door' for data collection and commercial exploitation.
The proposals we are preparing that involve the utilization of Kaanju language, knowledge and knowledge systems make a point of protecting our intellectual property rights. Projects and proposals that involve collaboration with individuals and research bodies will involve the establishment of Memorandums of Understanding for the protection of our intellectual property.
