Trademarks are key to Indigenous knowledge protection
Pinsent ’22 (Lorraine, practice primarily deals with trademark searching, prosecution, oppositions, licensing, portfolio management and international trademark protection. She manages large international trademark portfolios for various clients, “Protecting Indigenous Traditional Knowledge Through Trademarks”, June 17th, 2022, https://www.mltaikins.com/general/protecting-indigenous-traditional-knowledge-through-trademarks/ //nw-avis)
Indigenous peoples have a wealth of IP, some of which comes in the form of traditional knowledge. Although there are many definitions of traditional knowledge, it can generally be understood as the knowledge, skills and practices that are passed down between generations of a community or group that forms part of the group’s culture and spirituality.
For Indigenous groups seeking better options for the long-term protection of their culture and traditional knowledge, one solution is the use of trademarks and official marks. These marks can help prevent cultural appropriation and can be renewed indefinitely.
Another way to protect traditional knowledge is through copyright registrations. However, there may be a couple of reasons why trademark protection, when applicable, is better suited to protecting traditional knowledge. First, although copyright lasts for a long time, it is inherently time-limited. For traditional knowledge that has existed for hundreds if not thousands of years as ideas passed down by oral traditions and practices, the time-limited nature of copyright protection may be inadequate.
Protecting Traditional Knowledge Using Trademark Law
While not an ideal solution, trademark law is being used increasingly by Indigenous groups to protect traditional knowledge and culture. A trademark is a sign or combination of signs that is used to distinguish goods and/or services. Trademarks are registered for a period of 10 years and can be renewed for 10-year periods indefinitely.
Once a trademark has been registered, the owner has the exclusive right to use the trademark in association with the goods and/or services it has been registered for across Canada. Some examples of famous trademarks are the logo on Apple computers, the Nike Swoosh and the tricolour Pepsi logo. In Canada, there are two types of trademark registrations: standard registrations and official marks. For the purposes of protecting Indigenous traditional knowledge and culture, official marks are perhaps the most powerful tool.