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

Lai, JC; Wright, E; Goodman, JR

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

Lai, JC Wright, E

Goodman, JR

Permalink

Publisher:: Wiley
Publication Type:: Journal Article
Citation:: Journal of World Intellectual Property, 2025
Issue Date:: 2025-06-09

Open Access

Copyright Clearance Process

Recently Added
In Progress
Open Access

This item is open access.

Adobe PDF

Download Published versionAdobe PDF (1.24 MB)

View on publisher's site

View statistics

Full metadata record

Field	Value	Language
dc.contributor.author	Lai, JC
dc.contributor.author	Wright, E https://orcid.org/0000-0001-7875-2796
dc.contributor.author	Goodman, JR
dc.date.accessioned	2025-07-01T06:15:38Z
dc.date.available	2025-07-01T06:15:38Z
dc.date.issued	2025-06-09
dc.identifier.citation	Journal of World Intellectual Property, 2025
dc.identifier.issn	1422-2213
dc.identifier.issn	1747-1796
dc.identifier.uri	http://hdl.handle.net/10453/188025
dc.description.abstract	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.
dc.language	English
dc.publisher	Wiley
dc.relation.ispartof	Journal of World Intellectual Property
dc.relation.isbasedon	10.1111/jwip.12359
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.subject.classification	4801 Commercial law
dc.subject.classification	4803 International and comparative law
dc.subject.classification	4806 Private law and civil obligations
dc.title	Intellectual property at a crossroads: The knowledge and resources of indigenous peoples and local communities
dc.type	Journal Article
utslib.for	1801 Law
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
pubs.organisational-group	University of Technology Sydney/UTS Groups
pubs.organisational-group	University of Technology Sydney/UTS Groups/The Trustworthy Digital Society
pubs.organisational-group	University of Technology Sydney/UTS Groups/International Law
pubs.organisational-group	University of Technology Sydney/UTS Groups/Technology and Intellectual Property
pubs.organisational-group	University of Technology Sydney/UTS Groups/Private Law and Beyond
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
dc.rights.license	This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0). To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/
dc.date.updated	2025-07-01T06:15:37Z
pubs.publication-status	Published online

Abstract:

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.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/188025