Intellectual property at a crossroads: The knowledge and resources of indigenous peoples and local communities

Abstract

On 24 May 2024, Member States of the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. While lauded as a victory for Indigenous peoples and local communities (IPLC), in this article we critique both the Treaty and its deficiencies, as well concerns of opponents of the Treaty. In addition, this article examines various ways forward in the plight of IPLC to protect their knowledge and knowledge systems, comparing and contrasting Aotearoa New Zealand, Australia and the United States, as three jurisdictions with comparable British colonial histories, but across the spectrum in terms of how their intellectual property law doctrines meet the interests of IPLC. The article warns that the Treaty might distract from meeting the deeper interests of IPLC and also that the typical paths forward are not without their disadvantages, including potentially perpetuating colonial constructs.