IP Australia’s First Nations Strategy 2025-2030: A Commitment to Protecting Indigenous IP
By Samantha Ludemann | Associate
IP Australia’s First Nations Strategy 2025-2030 is a step toward making our national intellectual property (IP) registration system more equipped to protect Aboriginal and Torres Strait Islander IP. With a focus on ensuring that services, policies, and practices are culturally safe and respectful, the strategy aims to foster equitable outcomes for Indigenous communities. This initiative aligns with the National Agreement on Closing the Gap. The National Agreement on Closing the Gap includes four key reforms focused on partnerships, community control, government transformation, and data access. A 2024 Productivity Commission review found governments have not met their commitments and stressed the need for a new approach.¹
IP Australia’s First Nations Strategy 2025-2030 is structured around four key pillars—Capability, Development, Partnership, and Transformation—to uplift cultural awareness, support Indigenous entrepreneurship, and foster shared decision-making. Currently, IP Australia is also working towards establishing an Indigenous Advisory Panel. The Panel will be comprised of Aboriginal and Torres Strait Islander members who can offer their expertise and guidance on policy and intellectual property concerning Indigenous Knowledge (IK).²
In this article, we consider the role of the Indigenous Advisory Panel and how it may assist in delivering the desired outcomes under the First Nations Strategy 2025-2030.
Pillar 1 – Capability
The first pillar of the strategy is centred around building cultural capability within IP Australia. It aims to create a workforce that understands and engages with Aboriginal and Torres Strait Islander cultures, histories, and intellectual property. By improving cultural competence, IP Australia ensures that its staff can provide services that are culturally appropriate and inclusive. This is essential for fostering respectful engagement and delivering services that better meet the needs of Indigenous communities.
The introduction of an Indigenous Advisory Panel at IP Australia will no doubt increase the cultural competence of their staff. IP Australia has previously referred to the Māori Advisory Committees that operate under the New Zealand Intellectual Property Office (IPONZ). For trade marks in New Zealand, Section 17 of the Trade Marks Act 2002 provides that a trade mark must not be registered if, in the Commissioner’s opinion, its registration or use would be likely to offend a significant section of the community, including Māori. The Trade Mark Examiners at IPONZ are responsible for identifying whether a trade mark is referred to the Māori Advisory Committee. The trade mark can be sent to the committee if it is, or appears to be, derivative of a Māori sign. The Māori Advisory Committee will then review the trade mark and provide advice as to whether it could be considered offensive to Māori.²
If the Indigenous Knowledge Panel at IP Australia is to adopt a similar practice, having an established Indigenous Advisory Panel will not be enough; examiners will also need the cultural competence to identify Indigenous aspects of a trade mark to ensure it is properly reviewed in that context. Cultural competence is essential in ensuring a system that is accessible and respectful to Aboriginal and Torres Strait Islander peoples.
Pillar 2 – Development
The second pillar focuses on supporting Indigenous businesses and business growth by increasing awareness of and access to the intellectual property system. Intellectual property can play a crucial role in fostering economic empowerment, and by protecting Indigenous inventions, designs, and creative works, Indigenous people and communities will benefit, leading to greater self-determination. Intellectual property by nature drives innovation and economic growth. The First Nations Strategy 2025-2030, through increased awareness and use of the IP system, intends to build a more equitable and prosperous society where Aboriginal and Torres Strait Islander peoples and communities thrive.
Pillar 3 – Partnership: Shared Decision-Making
The third pillar of the strategy recognises the importance of working in genuine partnership with Aboriginal and Torres Strait Islander peoples and shared decision-making. These partnerships are created by ensuring that Indigenous perspectives are included in policy development—”simple advisory or consultation methods are deemed inadequate.” ¹
The First Nations Strategy 2025-2030 seeks to create an IP system where decision-making is shared, and the aspirations of Indigenous communities are fully considered. This approach aligns with the Closing the Gap National Agreement, which advocates for partnerships that address issues impacting Indigenous peoples—”partnerships involve an ongoing relationship where decision-making is shared to achieve common goals.” ¹
Pillar 4 – Transformation
The final pillar of the First Nations Strategy 2025-2030 commits to systemic change to support Indigenous rights within IP Australia, ensuring that its policies and practices are culturally appropriate, responsive, and accountable. This transformation involves reshaping internal processes to better serve the needs of Aboriginal and Torres Strait Islander peoples, ensuring that the IP system is effective in supporting their educational, economic, and cultural development. The introduction of an Indigenous Knowledge Advisory Panel, which will advise on both policy and the registrability of IP that affects Indigenous Knowledge, will be paramount to achieving IP Australia’s desired goals under Pillars 3 and 4.
Current Considerations for Indigenous Knowledge Trade Marks
While there is currently no specific legislation for Indigenous Knowledge Trade Marks, the Registrar may reject the registration of a trade mark under section 42 of the Trade Marks Act 1995, if the trade mark is scandalous or its use is contrary to law.
The section states that:
An application for the registration of a trade mark must be rejected if:
(a) the trade mark contains or consists of scandalous matter;³
The Trade Marks Manual of Practice and Procedure, Part 30, Section 2.13 confirms that a trade mark application should be rejected if it:⁴
- Has religious, spiritual, or cultural significance;
- Is sacred or secret;
- Is derogatory or otherwise promotes intolerance, racism, or violence.
Acknowledging that when a trade mark incorporates material of significant cultural, spiritual, or religious importance to an Indigenous community, consideration should be given to whether its commercial use could be considered scandalous under Section 42 of the Trade Marks Act 1995. Factors that may be considered by trade mark examiners include the nature of the Indigenous subject matter, its sensitivity, the context in which the trade mark is used, ownership, and any other relevant factors identified through research. A rejection may be reconsidered if evidence is provided showing that the use would not be offensive to the relevant Indigenous community.
Although this would prevent some Indigenous Knowledge trade marks from being registered, it would only do so if they were found by trade mark examiners to contain scandalous content, a high threshold. It does not ensure that trade marks using Indigenous Knowledge are registered and used in accordance with the cultural values and traditions of Aboriginal and Torres Strait Islander peoples. In New Zealand, although section 17(1)(c) of the Trade Marks Act 2002 does not define what is likely to offend Māori, the Māori Advisory Committee provides advice to the Commissioner to help decide whether the use or registration of the trade mark is likely to offend Māori.
Conclusion
The Strategy indicates that IP Australia will set clear, measurable metrics for each strategic objective, monitored through regular reviews and an annual report. IP Australia’s First Nations Strategy 2025-2030, at face value, reflects a commitment to safeguarding Indigenous cultures and ensuring their intellectual property is protected through an IP system that reflects and meets the needs and rights of Indigenous communities.
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References:
[1] IP Australia. (2025). First Nations Strategy 2025-2030. Retrieved from https://www.ipaustralia.gov.au/understanding-ip/indigenous-knowledge/First-Nations-Strategy-2025-2030#:~:text=It%20provides%20a%20framework%20for%20IP%20Australia%20to,practices%20to%20be%20more%20respectful%2C%20responsive%20and%20accountable.
[2] IPONZ. (2025). Māori Advisory Committee and Māori Trade Marks. Retrieved from https://www.iponz.govt.nz/get-ip/trade-marks/practice-guidelines/current/maori-advisory-committee-and-maori-trade-marks/.
[3] AustLII. (2025). Trade Marks Act 1995 – Section 42. Retrieved from https://austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/tma1995121/s42.html.
[4] IP Australia. (2025). Scandalous Signs. Retrieved from https://manuals.ipaustralia.gov.au/trademark/2.-scandalous-signs.
