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Indigenous Cultural and Intellectual Property (ICIP)

Indigenous Cultural and Intellectual Property (ICIP) refers to Indigenous peoples' rights to their cultural heritage based on the fundamental right to self-determination. Cultural heritage includes all aspects of cultural practices, traditional knowledge, resources and knowledge systems developed by Indigenous people as part of their Indigenous identity. This includes:

 

  • Artistic, literary and performance works (copyright)

  • Indigenous Languages

  • Different types of knowledge (e.g. plant and spiritual knowledge)

  • Tangible and intangible cultural property

  • Indigenous ancestral remains and genetic materials

  • Cultural and environmental resources

  • Sites of Indigenous significance

  • Documentation of Indigenous heritage and histories.

 

Currently, the Australian legal system does not adequately protect ICIP rights. There are gaps in the law which means that unless Indigenous people can meet the requirements of intellectual property laws such as copyright, their cultural heritage is open to exploitation. To address this issue, we developed True Tracks®, a 10 principle framework for working with Indigenous peoples to protect ICIP. True Tracks® provides the basis for the creation of ICIP Protocols for organisations, businesses and projects involving Indigenous peoples and ICIP.

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We can help you with:
  • Delivering workshops on ICIP
  • Developing ICIP Protocols
  • Drafting research agreements
  • Drafting Access and Benefit Sharing (ABS) agreements
  • Creating Community Engagement and Consultation guides and plans
  • Advising on the safeguarding of Traditional Knowledge and Traditional Cultural Expressions
  • Guiding on Indigenous cultural heritage issues
  • Advising on the collection, access, use, and storage of ICIP

Watch our Law Way video to learn more about the importance of ICIP Protocols in business.

Our blog posts on ICIP
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© 2025, Terri Janke and Company

All professional photography by Jamie James at James Photographic Services and Stephen Wilson Barker.​

The painting 'Terri - Butterfly Flowers Dreaming' by Bibi Barba has been used under license in the firm photographs, including for staff profiles.

The painting  'Ancient Tracks and Waterholes' (2019) by Rene Kulitja has been used under license in some firm photographs on the TJC website homepage, staff profiles, careers and services pages. Visit Maruku Arts for more work by Rene Kulitja.

The visual artwork ‘Freshwater Lagoon 1’ by Lisa Michl Ko-manggen has been used under license in some photographs and videos. Visit Cape York Art for more work by Ko-manggen.

The painting ‘My Country’ by Bibi Barba has been used under license in some photographs and Law Way videos. Visit Bibi's website.

Liability limited by a scheme approved under Professional Standards Legislation

​Disclaimer: The information found on our Website and Blog is of a general nature and is not intended to be legal advice on specific matters. Although we attempt to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. Contact us for advice on a specific matter.

CREDITS

Terri Janke and Company acknowledge the Traditional Owners of the lands on which we live and work.
We acknowledge the Bidjigal People, the custodians of the Country where our office is located.

We extend our respect to all Aboriginal and Torres Strait Islander peoples throughout Australia. We recognise their ongoing connection to land, sea and skies. We pay our respects to their knowledge, and to the Elders past and present.

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