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May 14, 2024
Diplomatic Conference: Intellectual Property, Genetic Resources and Associated Traditional Knowledge
If the gestation period for dogs is two months, for humans it is nine months, and for African elephants it is a whopping twenty-one months, what is the gestation period for an international legal instrument—patent treaty—designed to ensure patents do not inadvertently incorporate traditional knowledge?
If you guessed twenty-four years, congratulations! You have a preternatural understanding of how difficult it is for states with conflicting interests to reach consensus on this kind of instrument. (Thirteen African elephants can be born successively to the same mother in twenty-four years.)
August 26, 2022
Canada’s New National Indigenous Economic Strategy 2022 and the Intersection with Intellectual Property
In June of this year, the Canadian Federal Government released the ‘National Indigenous Economic Strategy for Canada 2022’ (NIES).
The NIES builds on the 2015 Truth and Reconciliation Commission (TRC) report, as well as the premise that full reconciliation with Indigenous Peoples is impossible without economic reconciliation. It serves as a blueprint to achieve meaningful engagement and inclusion of Indigenous Peoples in the Canadian economy, with the ultimate aim that Indigenous communities will achieve self-sufficiency and socio-economic equality with the rest of Canada.
June 10, 2022
Can Treaty Rights Protect Intellectual Property?
It is no secret that a gap exists when it comes to protecting certain forms of Indigenous intellectual property (IP). While conventional IP tools are excellent in ensuring contemporary songwriters, inventors and brand owners keep control of what they make, these tools are less helpful when it comes to Indigenous traditional knowledge and cultural expression.