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ARTICLE · 20 JUNE 2022

Protecting Indigenous Traditional Knowledge Through Trademarks

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Indigenous peoples have a wealth of IP, some of which comes in the form of traditional knowledge.

CanadaIntellectual Property

Despite Canada's intellectual property (IP) laws failing to provide protections specifically for Indigenous peoples' traditional knowledge, there are a number of ways traditional knowledge can be protected – including through trademark law.

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.

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