Terry Dayish provided information on behalf of NAC-SNM Education Initiative and as a citizen of the Navajo Nation. He said, “
the WIPO Treaty can provide Tribes, such as the Navajo Nation, with notice of potential violations of tribal law and customs related to the use of their genetic resources and associated traditional knowledge in claimed inventions.” He continued,
“as a citizen of the Navajo Nation, I can state with confidence that my Nation has their own customs and traditions on genetic resources and associated traditional knowledge.”The WIPO Treaty has been in the making for 25 years. WIPO’s efforts started in the late 1990s to address the connections between intellectual property law and genetic resources associated with traditional knowledge. These discussions involved issues such as how to protect as intellectual property the Indigenous Peoples ancestral knowledge (TK) on how to use medicinal plants or seeds (GR) to cure an ailment. The genetic resource itself, i.e., the plants found in nature, cannot be protected as intellectual property because they are considered natural phenomena in Intellectual Property law. Thus, the WIPO Treaty seeks to protect indigenous rights when claimed inventions are
based on genetic resources and associated ancestral knowledge.
Specifically, the WIPO Treaty includes a provision that would require patent applicants to disclose the origin of any genetic resource or traditional knowledge.
Terry Dayish expressed that Indigenous Peoples have the right to control and protect their cultural heritage, including genetic resources and traditional knowledge. “This is vital to our identify as Tribal Nations, tribal citizens and the sustainability of our communities. The WIPO Treaty serves as an international safeguard of Tribal culture and ancestral knowledge,” said Cory Dayish, NACNA Delegate-at-Large, State of New Mexico.
Leo Dayish, NAC-SNM President, extends appreciation to Navajo Nation Tribal Council Delegate Carl Slater for his testimony, and to Larry Wright, National Congress of American Indians Executive Director, for his remarks before the USPTO. He also acknowledges the Native American Rights Fund for their stalwart advocacy to assure Native peoples’ voices are included in discussions and decisions on intellectual property law and policy. NARF states, ”Indigenous Peoples have the right to control and protect their cultural heritage, traditional knowledge, and traditional cultural expressions, as well as their intellectual property rights over the same.”
The USPTO is accepting written comments on the WIPO Treaty–comments must be received by the USPTO by Monday, April 28, 2025. Comments may be submitted by email to TribalConsult2025_GRATKTreaty@uspto.gov, using the following heading in the subject line: WIPO GRATK TREATY TRIBAL CONSULTATION 2025.
Copyright 2025, NAC-State of New Mexico
