In fall of 2022, as an adjunct event to the National Congress of American Indians 79^th Annual Convention, The Implementation Project held a panel entitled: Implementing the UN Declaration on the Rights of Indigenous Peoples to Protect Indigenous Knowledge and Cultural Expressions: A Preview of Upcoming Consultations with the United States Patent and Trademark Office (USPTO).

The panel of tribal representatives, intellectual property experts, and others involved in World Intellectual Property Organization (WIPO) negotiations provided background on rights, key issues under negotiation, and the positions of Indigenous representatives and the United States on these issues. The panel was designed to help tribal nations better understand WIPO negotiations, use the UN Declaration on the Rights of Indigenous Peoples to protect traditional knowledge and traditional cultural expressions, and prepare for related consultations with the USPTO.  Although a date for the consultations has not yet been announced, they are anticipated to occur in the first half of 2023.

If you and your tribe would like to learn more about protecting your intellectual property and preparing for the upcoming consultations, we have gathered some resources for your review:

• Information from the United States Patent and Trademark Office
  Related USPTO resources, including a webinar outlining the federal government’s positions on issues relating to intellectual property, press releases, and more.

• NCAI’s 2022 Resolution regarding the World Intellectual Property Organization negotiationsAt NCAI’s 79^th Annual Convention, NCAI passed Resolution SAC-22-038 calling for immediate intergovernmental  meetings with the federal government regarding the World Intellectual Property Organization negotiations.

• Intellectual Property and Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions, World Intellectual Property Organization (2020)General information on the interface between intellectual property and traditional knowledge, traditional cultural expressions, and genetic resources.
  
  
• Protect and Promote Your Culture: A Practical Guide to Intellectual Property for Indigenous Peoples and Local Communities, World Intellectual Property Organization (2017)A short guide with examples of how Indigenous Peoples and local communities around the world have made the most of existing intellectual property rights.

Interested in learning more about protecting the intellectual property of tribal nations?

Watch The Implementation Project’s webinars:

• Overview of Intellectual Property Law, Indigenous Peoples’ Traditional Knowledge and Cultural Expressions

• U.S. Legal Protections for Traditional Knowledge & Traditional Cultural Expression, Gaps in Protection, and Indigenous Peoples’ Initiatives

Still have questions? You can contact The Implementation Project at declaration@narf.org

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