Opening Word document…

Interp: the plan has to be the courts

Guest ’95 [Richard A. Guest. 1.1.1995. Richard Guest is a Native American Rights Fund staff attorney. American Indian Law Review. “Intellectual Property Rights and Native American Tribes”. https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1293&context=ailr]/CPSW-NL

For purposes of Native American intellectual property, the most relevant inquiry would be the scope of the term "Indian products" under the provisions of IACA. Unfortunately, the term "Indian products" is not defined within the act; rather it "has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior."'42 The lack of promulgation of regulations by the Secretary of Interior allows Native American tribes an opportunity to ask the courts for a broad interpretation of the IACA to expand the protection of their intellectual property. If the term could be expanded beyond arts and crafts in the literal sense, "Indian products" would encompass Native American traditional seeds and folk varieties, cultural ideas and expressions, and other Native American intellectual property.

Sign in to recut, update, or save this card.