For more than 60,000 years, Aboriginal and Torres Strait Islander peoples have passed down stories, wisdom and art as a living record of culture and Country. But today, Indigenous businesses are far less likely to hold intellectual property (IP) rights compared to non-Indigenous businesses.

When applying western IP law to knowledge and culture millennia older than copyright itself, a one-size-fits-all approach simply doesn’t work. 

Built to recognise individual ownership, the system doesn’t easily accommodate intergenerational knowledge and practices that lie at the heart of First Nations culture.

But just as Indigenous knowledge has always adapted, so too are the frameworks protecting First Nations IP – finding new ways to honour culture within today’s legal landscape.

While IP Australia engages with Indigenous communities to try to ensure traditional knowledge is considered appropriately in IP rights applications, the Australian Government is also working on new laws to safeguard First Nations culture.

In our She Built This series, we hear from three co-founders of Indigenous-owned businesses on how they navigate Indigenous IP, respecting and protecting cultures while nurturing businesses that make an impact. 

Founders Sarah (left) and Laura (centre) want people to wear their values on their sleeve. Image Credits: TJ Garvie (centre) and Joshua Scott @the.cwolf (right)

Protecting designs, protecting culture

While Gunditjmara woman Laura Thompson and Sarah Sheridan’s work at Clothing The Gaps is grounded in inclusivity, they recognise that maintaining IP rights is a necessary protective measure against misuse of their creative output.

As co-founders of the Indigenous-owned fashion brand, certified social enterprise and B Corp, Laura and Sarah have seen firsthand how non-Indigenous companies appropriate Indigenous designs or phrases without consent.

With their IP protected, Laura and Sarah can focus on social impact and community engagement – not chasing down knock-offs.

“How would we feel if a non-Indigenous company started making ‘Shades of Deadly’ T-shirts?” says Sarah. “What course of action would we have? This gives us some protection.”

From law to legacy

For Laura and Sarah, their IP isn’t just a legal safeguard – it’s a storytelling tool.

“In 20 years’ time, when people go, ‘Where did that come from?’, they can learn that Clothing The Gaps created this campaign, and here is the history of it,” says Laura.

“Sometimes it’s not as much about protecting it and owning it, and more about the truth and the origin story being cemented. I want that history to always be remembered.”

By framing IP as a way of preserving their story, Sarah and Laura have turned the legal process into artifacts that illustrate their efforts towards social change.

Land Lab’s ethical partnership serves to benefit the communities they source from.

Partnership over exploitation

Outside of her branding and creative agency, Smack Bang, Tess Robinson is a co-founder of Land Lab, a line of science-backed supplements using native Australian plants. 

Land Lab has partnered with a 100 percent Indigenous-owned co-operative, BBIEC, which manages its supply chain. With Free, Prior and Informed Consent, and Access and Benefit Sharing agreements in place, the co-founders ensure that the sourcing and manufacturing of their products benefit the communities they draw from.

The Australian native bush food industry is reportedly worth $50 million but, as Tess points out, only 2 percent of businesses in this space are Indigenous-owned. 

“Native foods and the knowledge around them are Indigenous cultural and intellectual property,” she says. “We don’t make claims based on traditional knowledge or traditional use. Instead, our work with traditional owners focuses on ethically sourcing these species.”

“Don’t come in with extractive practices in an industry that has already been exploited,” says Tess. “We risk replicating the patterns seen with quinoa, açai, and maca, where Indigenous custodianship is marginalised even as global demand surges.”

Applying for IP rights that incorporate Indigenous knowledge should include collaboration from Indigenous and non-Indigenous people. For non-Indigenous business owners, that means seeking consent, building relationships and understanding context before you commercialise.

For the system itself, it means making IP protections more accessible and inclusive. Initiatives like IP Australia’s Indigenous Knowledge Panel, where Aboriginal and Torres Strait Islander experts shape processes and policies around Indigenous knowledge, are part of the solution. 

Because First Nations knowledge needs First Nations leadership.