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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