Indigenous Intellectual Property Update: Key Developments for 2025

In June 2025, significant developments emerged in the realm of Indigenous intellectual property, particularly concerning the legal landscape affecting Native American art and fashion. The Native American Law & Policy practice group at Dentons US LLP has released insights on federal policies, legal news, and events impacting Indigenous rights and communities.

One of the most significant updates comes from the U.S. Patent and Trademark Office (USPTO), which is actively seeking public comments on the OECD's Draft Voluntary Guidelines aimed at combating counterfeiting in online marketplaces. This initiative addresses crucial topics such as the enforcement of rights, market surveillance, and the accountability of third-party sellers. According to the USPTO's notice, comments are due by 11:59 PM ET on June 27, 2025 (USPTO, 2025).

In a related legislative development, Senators Brian Schatz of Hawaii and Marsha Blackburn of Tennessee introduced the "Cultural Trade Promotion Act" (S. 1125). This bill seeks to amend the Export Enhancement Act of 1988, enabling the Secretary of Commerce to assist Native Hawaiian businesses in developing foreign markets for authentic arts and crafts. This legislative effort reflects a growing recognition of the importance of protecting Indigenous intellectual property rights and promoting cultural heritage (U.S. Congress, 2025).

The National Collegiate Athletic Association (NCAA) also reported a 31% increase in Native American student-athletes from the 2013-2014 academic year to 2023-2024. Following the U.S. Supreme Court decision in NCAA v. Alston (2021), which opened avenues for student-athletes to be compensated for their name, image, and likeness (NIL), the NCAA has introduced resources to support Native American student-athletes navigating this new landscape (NCAA, 2025).

Looking ahead, several events highlight the intersection of Indigenous culture and intellectual property. The Museum of Northern Arizona will host the Heritage Festival of Arts and Culture on June 28-29, 2025, celebrating the art and community of the region. Additionally, the Eiteljorg Museum's Indian Market & Festival and the Santa Fe Indian Market, both occurring later in August 2025, will further showcase Native American art and culture.

These developments are part of a broader movement to enhance the protection of Indigenous intellectual property rights and promote cultural expressions on national and international stages. As the dialogue surrounding these issues continues, stakeholders are encouraged to engage in upcoming public forums and comment periods to shape future policies and practices that support Indigenous communities.

For further information, interested parties can contact the USPTO or visit their website to learn about upcoming webinars focusing on trademark searching and the fundamentals of intellectual property. This proactive engagement is vital for safeguarding Indigenous rights and fostering cultural exchange in an increasingly globalized world.