Indigenous Data Clause Templates and Guidance

HTQ has launched a resource for understanding and implementing template clauses related to intellectual property (IP), Indigenous Cultural and Intellectual Property (ICIP), and Indigenous Data Sovereignty (IDSov) in research agreements. The Indigenous Data - Clause Templates and Guidance document is designed to provide clarity, guidance and practical tools for incorporating these clauses into contracts and agreements in a respectful and best practice manner.

The aim of this document is to:

• ensure legal and cultural compliance: Help align clauses with relevant legal frameworks and cultural protocols as well as contemporary moral and ethical standards.

• encourage best practice engagement: Guide culturally appropriate contracting when dealing with ICIP and Indigenous Data.

• provide guidance: Explain the purpose and potential application of each clause to ensure they are used in an appropriate context.

By following this document, agreements can be used to recognise and respect Indigenous peoples’ rights to their ICIP, IP that incorporates their ICIP, and their Indigenous Data. This empowers self-determination, fosters collaboration, upholds principles of fairness and respects, and demonstrates a commitment to best practice.

It is important to approach these clauses not only in relation to legal compliance but as an expression of respect and a shared commitment to best practice. Before finalising any agreement, both parties should obtain independent legal advice to ensure legal compliance, accuracy and cultural appropriateness.

The guide was developed by Terri Janke and Company, an Indigenous law firm specialising in ICIP.

Download the guidance document.