23 December 24
By: Adam Shul
In November 2024, Melbourne Law School, in collaboration with the Institute of Patent and Trade Mark Attorneys of Australia, hosted the annual Francis Gurry Lecture on Intellectual Property. Established in 2009 and named in honour of Dr. Francis Gurry, former Director General of the World Intellectual Property Organisation (2008–2020), the lecture series serves as a platform for critical discussions on the evolving field of intellectual property law. The 2024 lecture was delivered by Terri Janke and Company’s Solicitor Director, Dr. Terri Janke, a trailblazer in Indigenous Cultural and Intellectual Property (ICIP).
Dr. Janke’s lecture, titled “Tracking for Change: A Pathway for a Future Indigenous Cultural and Intellectual Property Law,” explored the current and future challenges surrounding ICIP, with a focus on both domestic and international developments. She highlighted key international milestones, including the 2024 signing of the World Intellectual Property Organisation’s Treaty on Genetic Resources, Intellectual Property, and Associated Traditional Knowledge—a landmark agreement aimed at recognising and protecting traditional knowledge in patents.
Turning to Australia’s legal landscape, Dr. Janke discussed ongoing efforts to develop sui generis ICIP laws that hope to address issues such as the proliferation of inauthentic Indigenous art and the misappropriation of Aboriginal and Torres Strait Islander cultural expression. She also shared her vision for a National Indigenous Cultural Authority—a dedicated body to oversee the enforcement of ICIP protections and empower Indigenous communities to safeguard their cultural rights.
Dr. Janke’s address comes at an optimistic moment for ICIP rights in Australia. The Australian Government, through the Office of the Arts, recently established a First Nations Expert Working Group to guide the development of standalone ICIP legislation. Dr. Janke has been appointed Chair of this working group, marking a significant step forward in the journey toward robust legal frameworks for Indigenous cultural heritage.
To watch the lecture, visit Melbourne Law School's website.