The U.S. is already providing indigenous peoples with stronger IPR
Schuler 13 Lindsey Schuler, J.D., Michigan State University College of Law. B.A., University of Kansas, (2013). MODERN AGE PROTECTION: PROTECTING INDIGENOUS KNOWLEDGE THOUGH INTELLECTUAL PROPERTY LAW. Michigan State International Law Review, 21, 751, https://turtletalk.blog/wp-content/uploads/2014/12/schuler-modern-age-protection-protecting-indigenous-knowledge.pdf // shaka
As previously mentioned, the United States also codified NAGPRA at 25 U.S.C. § 3001, protecting Indigenous artifacts with particular cultural value.148 Not too long ago there was no recourse for misappropriation of Indigenous intellectual and cultural property, but now there are criminal penalties for violation of these protections.149 To date, Indigenous peoples have appealed to the courts, integrating Indigenous intellectual property with twenty-first century legal practices by filing lawsuits to protect their rights.150 For example, the Cow Creek Band of the Umpqua Tribe of Indians in Oregon joined the Indian trademark case involving the Indian Motorcycle Company consortium to "promote pride, dignity, and knowledge about Native American heritage."151 The federal suit was originally filed because Indian Motorcycles, a motorcycle manufacturing company, violated the Indian Arts and Crafts Act of 1990 by using "Indian" in its name.152 The Cow Creeks joined the suit with federal encouragement, and the case was one of the first to challenge the limited corporate responsibility when using Indigenous names and symbols. Recently, there has been collaboration between the USPTO and the Native American Intellectual Property Enterprise Council (NAIPEC). The groups joined together and signed the Memorandum of Understanding, which aims to increase Native American inventors' patent and trademark filing. The goals are to participate in "research and identify the IP education needs of specific Native American communities, and to provide that education in whatever way works best." A new office in the USPTO will facilitate their interactions and allow direct access for Native American intellectual property advocates. This new collaboration is a prime example of how nations can work in unison with their Indigenous communities to create systems that function in harmony to meet the needs of all.153