Indigenous Intellectual Property Developments: June 2025 Update

The Native American Law & Policy practice group at Dentons US LLP released its latest Indigenous Intellectual Property Newsletter on June 19, 2025, highlighting significant updates in federal policies, legal frameworks, and events relevant to Indigenous art and fashion, as well as the broader implications for tribal intellectual property rights.

**Federal Policy Updates** A crucial topic discussed in this newsletter is the recent request from the United States Patent and Trademark Office (USPTO) for public comments regarding the Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces. The USPTO has identified the protection of intellectual property as a critical issue, particularly for Indigenous artists and businesses. According to the USPTO, the guidelines aim to foster dialogue on strategies to combat the sale of counterfeit goods, address the challenges posed by repeat infringers, and enhance market surveillance (USPTO, 2025).

**Cultural Trade Promotion Act** In legislative developments, Senators Brian Schatz (D-HI) and Marsha Blackburn (R-TN) introduced the Cultural Trade Promotion Act, aimed at enhancing the export capabilities of Native Hawaiian arts and crafts. This bill is notable for its provisions to authorize the Secretary of Commerce to assist Native Hawaiian-owned businesses in developing foreign markets. The act reflects a growing recognition of the economic potential of Indigenous art and culture, emphasizing the need for technical assistance and support services (Senate Bill S. 1125, 2025).

**NCAA and Native American Student-Athletes** The National Collegiate Athletic Association (NCAA) reported a remarkable 31 percent increase in Native American student-athletes since 2014, highlighting the growing participation of Indigenous individuals in collegiate sports. Following the Supreme Court's ruling in NCAA v. Alston, which permitted student-athletes to profit from their name, image, and likeness (NIL), the NCAA has established resources to support these athletes in navigating this complex landscape. This initiative underscores the importance of protecting intellectual property rights in the context of sports and education (NCAA, 2023).

**Upcoming Events** The newsletter also outlines key upcoming events that showcase Indigenous culture and art: 1. **Heritage Festival of Arts and Culture** at the Museum of Northern Arizona, scheduled for June 28-29, 2025, focusing on regional art and community engagement. 2. **Indian Market & Festival** at the Eiteljorg Museum in Indianapolis on June 28-29, 2025, celebrating Native American history and culture. 3. **Santa Fe Indian Market**, organized by the Southwestern Association for Indian Arts, will occur on August 16-17, 2025, anticipated to attract over 1,000 Native American artists.

These events not only highlight the vibrancy of Indigenous arts but also emphasize the ongoing need for legal frameworks that protect the cultural heritage and intellectual property rights of Indigenous communities.

**Conclusion** The developments highlighted in the Indigenous Intellectual Property Newsletter reflect a critical intersection of law, culture, and commerce. As Indigenous communities continue to advocate for their rights, particularly in the realms of intellectual property and cultural heritage, ongoing legislative efforts and institutional support will be vital in safeguarding their interests. The future of Indigenous arts and crafts will depend significantly on how effectively these legal frameworks are implemented and enforced, ensuring that the economic benefits of cultural expressions are equitably shared and protected.