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Trade Marks Law To Protect Indigenous Knowledge In Canada

893 Words4 Pages

A trademark law protects the indigenous knowledge of the aborigines such as a cultural name or a symbol. This trade mark law system helps the indigenous communities to benefit from their indigenous knowledge. It also safeguards their economic interest from the commercial companies. These trade mark registrations 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 seek protection from the U.S Trade Marks law to prevent their indigenous knowledge being inappropriately used by the non-aborigines. Registered trade-marks have been applied by many aboriginal-owned business and organisations in Canada. However, due to the expensive …show more content…

Firstly, which is the ‘igloo tag’ and, secondly, which is the ‘Genuine Cowichan Approved’ certification marks.1 Indian and Northern Affairs Canada had established the igloo tag in 1959. Only Inuit artist are allowed to use this igloo tag. This approach will allow the public recognise their arts as an authentic Inuit art.2 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.

Furthermore, the people of the First Nations in Canada have filed a registration of a collection of ancient rock painting images as official marks. Their main purpose is to prevent these ancient rock images being misused by the non-natives from unlicensed reproduction on souvenir T-shirts, mugs, postcards and key chains. The Snuneymuxw people have the rights to request the local shops to reduce the selling of these goods and the reproduction of these images once they

have been successfully registered these official marks. Later, there have been statistics that the local shops and artists stop using these …show more content…

The indigenous communities feel insulted as such word which bears a significant meaning has been used by a beauty care company for its own business advantage. Later, AVEDA had removed these products from the market although there are not obliged to do so.4

In attempting to show recognition towards the status of the indigenous communities, AVEDA has developed several partnerships relation with the indigenous groups in Australia. For instance, AVEDA has entered in a profit-sharing agreement between the Katkabubba community from Wiluna in Western Australia and Mount Romance, the exporter of sandalwood oil5. By virtue of this agreement, the aboriginal elders had set up a non-profit organisation and AVEDA will pay the Katkabubba communities for using their lands and knowledge relating to sandalwood for AVEDA products.6

In the year of 2012, a booklet which titled ‘A Guide to protecting designs,brands and inventions for Aboriginal and Torres Straits Islanders’ was published by the IP Australian Government. The objectives of this booklet is to raise the awareness of the aborigines communities in protecting and growing their IP

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