Private Law Theory

ABSTRACT
This article discusses Australia’s proposals to incorporate recognition of Indigenous Knowledge (IK) into its trade mark registration system, in particular, proposals to regulate trade marks that may offend Indigenous peoples. This article compares Australia’s current regime (and proposals for reform) with New Zealand’s much lauded approach to Māori IK and trade marks. In addition, because interest in IK and racially oriented trade marks extends across multiple jurisdictions and disciplines, the article also presents a new taxonomy to organise the field.

Huang, Vicki T, Australian and New Zealand Approaches to Indigenous Knowledge and a Taxonomy for Racially Oriented Trade Marks (January 8, 2024), New Zealand Law Review (2024).