Intellectual property and indigenous culture (original) (raw)

This special issue of the Griffith Law Review focuses on Intellectual Property and Indigenous Culture. The first article in this issue, Christine Morris's 'A Full Law', introduces an idea which informs, to varying degrees, most of the other contributions collected here. Morris argues that conflict or friction between Indigenous and non-Indigenous Australians in a range of areas could be assuaged by a greater accommodation between the principles of Indigenous law and those of the common law system. Indigenous laws are organised around the principles of reciprocal obligation, respect and custodianship. The role, rights and responsibilities of the indi\ idual are understood as being subordinate to. considerate of and conditional upon the well-being of the Land and of every aspect of life on Earth. Morris argues that Indigenous law is a 'full law' because it is guided by and responsive to 'the spiritual realm'. In Morris's formulation, the common law system is, by contrast, only a 'half law' because it is only concerned with 'the seen reality'. But the common law collides with Indigenous law, Indigenous people and 'unseen reality' daily in Australia. The articles that follow illustrate man\ such entanglements in the production and reproduction, use and exchange of Indigenous art, intellectual and cultural property. Historically, non-Indigenous systems and institutions of knowledge management, regulation, governance, ethics of conduct or practice in law and commerce have been inadequately and often inconsiderately engaged with Indigenous laws and practices. Consequently, they often deal imperfectly with the most important issue for Australians today: how do we live together in this place? To understand and come to terms with ourselves in this place-Australianon-Indigenous people need to acknowledge that there is much to be gained from the coexistence of Indigenous and non-Indigenous systems of law. In Morris's terms, to become a 'full law', the common law system must welcome and respect Indigenous traditions, beliefs, culture and law on its terms. Respectful coexistence is possible with the appropriate protocols in place for the negotiation of the relationship between Indigenous and non-Indigenous law.' Morris's point is that Indigenous intellectual and cultural property is knowledge, and Indigenous law is a system of knowledge managementprimarily about how to care for the Land, and be guided by its spirits and