'Pride not profit': A commercial determinants of Indigenous health case study from Australia

The role of the commercial sector in driving population health outcomes is gaining attention; yet the influence of commercial entities and practices on Indigenous health is underexplored. This case study examined the separate legal disputes between Clothing The Gaps (an Aboriginal business, social enterprise and B-Corp) and two for-profit commercial clothing companies, investigating their potential impact on Aboriginal health and wellbeing, and how Aboriginal business and advocacy can overcome powerful commercial interests.

This qualitative case study combined data from interviews with key informants (n = 3) and data extracted from media articles and stakeholder submissions (n = 74) to the Senate Select Committee on the Aboriginal Flag. Data were analysed for key themes with Aboriginal researchers central to the analysis process.

Findings suggest that the legal avenues taken by two non-Indigenous companies were enabled by Australia's existing legal and regulatory systems, coupled with notable resource disparities. WAM Clothing and GAP Inc. asserted their legal rights against Clothing The Gaps to protect their respective branding and profits. The 'Free The Flag' campaign demonstrated how Aboriginal business advocacy can garner public and political support to counter profit-focused commercial interests.

This case study underscores the importance of recognising the impact of the commercial sector's lawful pursuit of their intellectual property on Indigenous peoples' rights, culture, health and wellbeing, and on the transformative potential of Aboriginal-led advocacy campaigns. Further work is needed to safeguard Indigenous cultural and intellectual property rights, and to investigate the diverse industries influencing Indigenous peoples' health and wellbeing.

Not applicable.