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ARTICLE · 13 AUGUST 2019

What is going on with the Aboriginal flag?

Discussion about the current dilemma over who controls the rights to reproduce the Aboriginal flag on clothing.

AustraliaIntellectual Property

There has been a major blow-up over claims by a private company WAM Clothing that it controls the rights to reproduce the Aboriginal flag on clothing. Cease and desist letters have been sent to AFL, NRL and a number of indigenous not for profit companies who have used the flag regularly for years for promotions focused on indigenous issues.

Politicians and academics are weighing in. Aboriginal opinions are divided – is the Aboriginal flag a community asset, or the property of a proud Aboriginal man who should have all the rights the law confers on property owners to do what they want with their property?

So how can a person or a private company own the rights to a national symbol and everything it represents for Indigenous rights and Indigenous people?

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