Explain How Trade Marks Act Protect Indigenous Knowledge

How does Trade Marks Act Protect Indigenous Knowledge in Different Countries ?

A trademark law is used to protect marks, devices, brands, headings, labels and names. A trademark law protects an indigenous knowledge of the aborigines such as a cultural name or a symbol. The trade mark system is designed to help the indigenous communities to get benefit from their indigenous knowledge. It also safeguards their economic interest from the commercial companies by registering indigenous names, words, labels and symbols. These trade mark registration will indirectly boost the branding image and reputation of the indigenous communities.

Protection of Indigenous Knowledge in the United States

The natives in the United States are entitled to seek

Yet, in the past two decades, the application of trademark by the aborigines had been rejected because there were many registered users did not renew their license. However, there may be cases that the aborigines has successfully protect their important trademarks using this Act. For instance, there are two examples which involve the use of Trade Marks Act to protect indigenous knowledge. Firstly, which is the ‘igloo tag’ and, secondly, which is the ‘Genuine Cowichan Approved’ certification marks. These marks were created for the purpose of helping the aborigines to promote their local products and differentiate them from the imitated products. Indian and Northern Affairs Canada had established the igloo tag in 1959. The users who are entitled to the usage of this igloo tag are specified to the Inuit artists only. This will recognise their arts as an authentic Inuit art. Besides, the Cowichan Band Council of B.C had also successfully filed the application of certification mark in clothing, precisely the heavy woollen Cowichan sweaters. These Cowichan sweaters are well known for hand-dyed and knit by using traditional methods. Today, certification marks are significant in protecting the indigenous knowledge in trademark of the aborigines

This is because many commercial companies trademarked the names of the First Nations, such as Algonquin, Mohawk, Haida, as well as symbols such as Indian heads, tepees or tomahawks. Besides, these commercial companies have also used the trademarks on Indian head designs to promote firearms, cigarettes and cars. Ice cream which is also known as ‘Eskimo Pie’ and winter apparels are the example of Inuit names and goods which are protected by the Trade Marks