E-commerce During Covid-19 Presents New IP Challenges and Opportunities to Indigenous Entrepreneurs

September 16, 2020

During an interactive WIPO webinar held on September 11, 2020, a panel of e-commerce experts and indigenous entrepreneurs and 300 participants from all over the world gathered virtually to discuss emerging intellectual property challenges and opportunities related to doing business online.

The Covid-19 pandemic has affected entrepreneurs from Indigenous Peoples and Local Communities (IPLCs), who usually sell traditional knowledge-based goods and services in physical stores, markets and festivals. In an increasingly digital world, IPLC entrepreneurs have been turning to e-commerce and social media to maintain and expand their businesses and market their products. This shift online introduces new intellectual property (IP) challenges related to protecting works, ideas and images and distinguishing goods and services in a digital environment.

During an interactive webinar moderated by WIPO Indigenous Fellow Rebecka Forsgren, panelists identified the main IP questions and issues IPLC entrepreneurs face in e-commerce and social media, presented IP tools available to those who wish to engage in e-commerce, which can help overcome these challenges and actively promote their goods and services, and addressed questions from participants.

“People are buying in a different way,” said Juan Hoyos, Adviser, Sustainable and Inclusive Value Chains, Division of Enterprises and Institutions, International Trade Centre, in his introduction. “We need to rethink what we are offering and then adapt to the new situation of the customers.”

Two indigenous entrepreneurs – Solveig Ballo, Manager of the Sàmi Business Garden in Norway, and Lucille Anak Awen Jon, a jewelry designer from the Bidayuh Community in Malaysia – shared their experiences and presented practical IP-related questions and challenges that indigenous entrepreneurs face in e-commerce.

“You can reach a global market and also create higher value for unique products, but there is also a threat, for example, of cultural appropriation and if someone can steal your ideas,” said Solveig.

“Do we need to apply for copyright […] for the designs that belong to the community or are inspired by the community?” posed Lucille. “Because right now we are worried about cultural infringement and cultural appropriation.”

Gabriele Gagliani, a Lecturer from Bocconi University and Adjunct Professor at Case Western Reserve University, discussed how IP rights can help protect and promote intellectual assets, and how IP tools can help IPLC entrepreneurs to protect and promote their virtual assets. He shared practical tips that entrepreneurs could use to signal their IP rights, such as placing a copyright notice on the first page of an e-commerce website, posting only pictures with a watermark, and disabling right-click on an image.

“IP rights are essential tools to protect and to promote [traditional knowledge and traditional cultural expressions-based goods],” said Gabriele. “You can do it without engaging in e-commerce, you can do it if you engage in e-commerce. It’s not really that expensive, and it’s definitely worth it. It’s a way to safeguard your traditional knowledge, it’s a way to educate consumers.”

In closing, Gabriele reminded participants, “Your traditional knowledge and your traditional knowledge expressions are the real luxury goods nowadays.”

• View the webinar recording and access the presentations.
• To learn more about the Traditional Knowledge Division, sign up for our e-updates.
• Learn more about our Indigenous Entrepreneurship Program.