The U.S. is strengthening IP protections for indigenous peoples in the status quo
Naholowa'a 24 Makalika Naholowa'a, president of the National Native American Bar Association (2023-24) and executive director of the Native Hawaiian Legal Corporation, (2024). ADVANCING INTERNATIONAL INTELLECTUAL PROPERTY NEGOTIATIONS TO PROTECT INDIGENOUS CULTURES, 49 Human Rights 21, https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/native-american-issues/intellectual-property-rights-to-protect-indigenous-cultures/ // shaka
This past fall, the U.S. Patent and Trademark Office (USPTO) issued an uncommon request for public comment and notice of Tribal consultation regarding protections for Native American culture and traditional knowledge in the intellectual property system. This effort is a part of the USPTO’s work to develop U.S. positions on legal instruments being negotiated at the intellectual property arm of the United Nations (UN). Several legal instruments currently under negotiation could usher in an era of mutually beneficial collaboration and exciting innovations between Indigenous people and other parties, public and private. U.S. support for Indigenous rights in these international processes would offer hope to all Indigenous people for the future of these instruments. For Native Americans, there would be additional cause for optimism that urgently needed legal changes in the United States could be enacted to protect Native American cultures and related Indigenous human rights.