Enabling Indigenous Trade 2025
Page 18 of 24 · WEF_Enabling_Indigenous_Trade_2025.pdf
of GDP on average is
spent by governments
on goods and services
in OECD countries.13%Intellectual property rights (IPRs) for Indigenous knowledge systems and practices BOX 7
New Zealand: IP legislation includes Māori committees to
evaluate IP applications in the context of Māori culture. The
Trade Marks Māori Advisory Committee and the Patents
Māori Advisory Committee assess whether applications
align with Māori values, concepts and knowledge, and
whether they might be offensive to Māori. They review the
use of Māori cultural elements in trademarks and inventions
derived from Māori knowledge or species. A forthcoming
Māori committee under the Plant Variety Rights Act 2022 will
similarly oversee plant variety rights. These assessments are
conducted without additional costs or delays, ensuring Māori
cultural integrity is respected in the IP process.
Peru: Peru’s Law 27811, enacted in 2002, protects the
collective knowledge of Indigenous Peoples related to
biological resources. It ensures fair and equitable benefit-
sharing from the commercial use of traditional knowledge,
mandates the creation of a national register of collective
knowledge, and requires prior informed consent for its
use. The law emphasizes Indigenous involvement in decision-making, includes penalties for unauthorized
use and combats biopiracy. This framework empowers
Indigenous communities, promotes sustainable biodiversity
use and creates economic opportunities through the
commercialization of traditional knowledge.
Philippines: The 1997 Indigenous Peoples’ Rights Act
(IPRA) introduced community intellectual property rights
(IPR) and granted Indigenous Peoples the right to practise
their cultural traditions. In 2017, a joint administrative order
(JAO) was issued between the Intellectual Property Office
(IPOPHL) and the National Commission on Indigenous
Peoples (NCIP) to address challenges in implementing the
IPRA due to conflicting laws and external pressures. The
JAO established harmonized rules for IPR applications
involving Indigenous knowledge systems and practices
(IKSP), defined the important terms and mandated the
NCIP to create a registry of IKSP to be used in IPR
examinations in coordination with other cultural and
government agencies.
Government procurement
Governments spend billions on goods and
services annually, around 13% of GDP in OECD
countries.16 The promotion of supplier diversity and
progressive procurement are recent interventions
that ensure equitable benefits across the business
sector, including Indigenous businesses. These
policies have accelerated Indigenous inclusion in
government supply chains and enhanced their
role in decision-making processes affecting trade
participation. Set-asides in trade agreements reserve a portion of government contracts for
specific groups, including Indigenous Peoples, to
promote economic opportunities and business
growth. These measures aim to increase
competition, grow local expertise and create jobs
while contributing to broader policy objectives, such
as Indigenous business development. They (and
private-sector Indigenous procurement targets)
are supplemented by supplier databases and
matching programmes, which may be led by non-
governmental organizations, such as Supply Nation
in Australia (see Box 9).
Enabling Indigenous Trade: Actionable Guidance for Governments 18
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