by Shannon Monk KMKNO

This month we are talking about intellectual property (IP) and how it can be used to safeguard our traditional knowledges and cultural practices and expressions.

As a refresher, intellectual property is the result of what is created with our minds and can include inventions, literary and artistic works, designs, symbols and more. Within the IP world, Indigenous knowledge and cultural expressions are commonly referred to as Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE). The World Intellectual Property Office (WIPO) describes Traditional Knowledge as the knowledge, skills, innovations or practices of Indigenous peoples and communities – plant knowledge, including the medicinal properties of specific plants, is just one example of TK. Traditional Cultural Expressions, on the other hand, are defined by WIPO as products and forms through which TK is expressed – this includes things like songs, dances, designs, oral stories and ceremonies. Handicrafts, also known as craft or artisanal products or works, can be expressions of both TK and TCE and be protected as such.

Although until recently, the IP system has recognized Indigenous knowledges and cultural expressions, it is an important step in supporting Indigenous communities and safeguarding our knowledges and intellectual property. Around the world, there is a long history of Indigenous knowledge systems, cultural expressions and inventions being stolen and used without consent and ben ...

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