[PDF] Intellectual Property Rights and Native American Tribes





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IP Australia

The Australian Aboriginal Flag was first raised on 12 July 1971 at Victoria Square in The top half of the flag is black to symbolise Indigenous people.



A Symbol of Unity: Freeing the Aboriginal Flag

I. THE DEVELOPMENT OF THE ABORIGINAL FLAG IN THE AUSTRALIAN. ZEITGEIST. B. Indigenous Intellectual Property and the Problem of Taking.



AUSTRALIA COUNCIL FOR THE ARTS - SUBMISSION Senate

Sep 15 2020 Senate Select Committee on the Aboriginal Flag ... potential amendments to Australia's intellectual property and consumer protection.



Using Intellectual Property Laws to Protect Indigenous Cultural

effectiveness of trademark law in protecting indigenous names and other tribal marks. the State of New Mexico established its official state flag.



Case Studies on Intellectual Property and Traditional Cultural

and trademarks registration often hinder Indigenous people's access to and use The Aboriginal Flag is designed with the colours red black and yellow



Australian Icons:

May 20 1999 intellectual property of Indigenous Australians. ... Australian currency



Intellectual Property and Aboriginal People: A Working Paper

Intellectual Property and Aboriginal People: A Working Paper. Preface Trade-mark Use by Aboriginal ... Canadian flag; royal coats of arms; emblems.



IP

Mar 28 2018 Promote greater use of branding and trade marks by Indigenous producers ... Insignia Act which creates a database of tribal seals and flags.



Intellectual Property Rights and Native American Tribes

Jan 1 1995 Charter demands for respect of the right to self-determination of indigenous peoples and guaranteed rights their intellectual property.4.



Contents

The Aboriginal Flag. Dimitrios G Eliades BARRISTER page 110. Beware descriptive terms in trade marks: review of two Trade Mark Office Hearing Cases.

  • Who in Your Organisation Needs to Know About this?

    Anybody involved in decision-making about the use of the Aboriginal Flag, including senior executives, in-house counsel and marketing teams.

  • A Brief History of The Aboriginal Flag

    Luritja man Harold Thomas designed the Aboriginal Flag in 1970, and it has been recognised under the Flags Act 1953(Cth) since 1995. In a 1997 judgment, the Federal Court of Australia declared that copyright subsisted in the Aboriginal Flag as an artistic work, and that Mr Thomas was the owner of that copyright. This confirmed that Mr Thomas had th...

  • New Copyright Owner, New Freedoms

    In a press release on 25 January 2022 entitled 'Free Use of Aboriginal Flag Secured for All Australians', the Australian Government announced that it had acquired the copyright in the Aboriginal Flag from Mr Thomas. In what is essentially a licence to the Australian public at large, the press release states that the Aboriginal Flag is now 'in publi...

  • Flagging A Few Restrictions

    While the press release states that 'all Australians can freely display and use the flag', there are some key exceptions to that general statement. Under new arrangements with the Government, Carroll & Richardson-Flagworld 'will remain the exclusive licensed manufacturer and provider of Aboriginal Flags and bunting'. The details of these arrangemen...

Is the Aboriginal flag copyrighted?

Luritja man Harold Thomas designed the Aboriginal Flag in 1970, and it has been recognised under the Flags Act 1953 (Cth) since 1995. In a 1997 judgment, the Federal Court of Australia declared that copyright subsisted in the Aboriginal Flag as an artistic work, and that Mr Thomas was the owner of that copyright.

Who created the Aboriginal flag?

The Aboriginal flag was designed and created by artist Harold Thomas, a Luritja man from central Australia and a member of the Stolen Generations. The flag has become a symbol of Aboriginal Australia and holds special legal and political status worldwide.

Who is involved in the decision-making about the Aboriginal flag?

Anybody involved in decision-making about the use of the Aboriginal Flag, including senior executives, in-house counsel and marketing teams. Luritja man Harold Thomas designed the Aboriginal Flag in 1970, and it has been recognised under the Flags Act 1953 (Cth) since 1995.

What does Morrison's copyright transfer mean for Aboriginal people?

In a statement provided by Morrison’s office, Thomas said he hoped the copyright transfer “provides comfort to all Aboriginal people and Australians to use the flag”.

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