Empowering marginalised communities with IP

A pair of gutsy Peruvian women showed how IP rights, a good plan and sheer determination can transform the lives of communities in the Amazon rainforest and elsewhere. 

Although indigenous artists, performers, healers, and farmers are immensely creative and innovative, indigenous peoples have not tended to be avid users of intellectual property (IP) rights.

This may be because they are put off by cases in which non-community members have acquired IP rights over their traditional knowledge and traditional cultural expressions without their consent.

Or it may be because the IP system is more geared towards individual rights owners, not communities. Another reason may be that they are not familiar with how the IP system works and the opportunities it offers.

In recent years, however, indigenous peoples and individuals from within those communities have started to make more strategic use of the IP system—whether to positively acquire their own rights or prevent others from doing so.

At the World Intellectual Property Organization (WIPO), we have for many years been working with indigenous peoples (and local communities) in supporting their strategic and smart use of the IP system in support of businesses and projects they may wish to establish.

The WIPO Training, Mentoring and Match-making Program for Women Entrepreneurs from Indigenous Peoples and Local Communities (‘the WEP’ for short) is a programme we in the Traditional Knowledge Division of WIPO have offered for some five years now.

Yes, we have focused on women because creativity has often provided an avenue for the advancement of Indigenous women in particular—in their personal development and self-esteem, financial independence and empowerment within their communities.

We have so far trained and mentored about 100 women from 63 countries. We have also matched them with external collaborators such as the International Trademark Association (INTA), which has made available pro bono lawyers who have helped the women apply for their first collective trademarks.

Here, we share the story of two such women who are shaping the narratives of their communities, paving the way for future generations from the heart of the Peruvian rainforest.

Case studies

It all started amid the pandemic. Judith Reymundo and Marisol Shariva, two Indigenous women from the Asháninka People in Peru and former participants in the WEP, witnessed the impact of the COVID-19 health crisis within their communities. Consequently, the pandemic affected the economies of numerous families, with a particular impact on women. Often facing gender disparities, lack of opportunities, and financial independence, women became easy targets to perpetuate the cycle of poverty.

Back in the vast Amazon and far away from the city—with limited access to resources—Judith and Marisol asked themselves what they could do to generate income that would benefit their communities. Recognising the financial challenges women in their community faced, they sought solutions and initiated an important collective effort.

A resilient movement

Alongside 40 other Asháninka women from 10 different communities across the Peruvian rainforest, they started an association, which was later formalised under the name ‘Iroperanto Koya’, translating to English as “empowered and resilient women”.

With the objective of fostering socio-economic empowerment and drawing upon the knowledge acquired through their coexistence with and understanding of the forest, their home, the association embarked on a journey to sustainably produce and sell a range of nature-based goods. These products are primarily sourced from turmeric, cacao, seeds, cinchona bark, and other medicinal plants known for promoting good health, which are present in their surroundings.

Driven by curiosity and a commitment to making the most of their initiative, they discovered in the IP system a tool to distinguish their products and enhance market access. A collective trademark seemed to be the right fit for this process, as it could seamlessly adapt to their needs and context as collective holders of traditional knowledge and as an association. This is a part of IP that protects community interests.

An unparalleled opportunity

When they learned about the WIPO WEP through the IP office of Peru, they immediately decided to apply. Once accepted for this incredible opportunity, Judith and Marisol, along with 18 fellow women entrepreneurs from Indigenous Peoples and local communities from the Andean region, gained a deeper understanding of the IP system, exploring both its opportunities and limitations. Supported by experts during the training phase, they developed their IP and business strategy, and later received professional mentorship through the program. The newfound knowledge and support fuelled their association's vision for the future, inspiring them to pursue new horizons with confidence.

Was that the end of their IP journey? Fortunately, no. Thanks to a strategic partnership between WIPO and the Japanese Government (specifically, Funds-In-Trust Japan Industrial Property Global), Judith and Marisol, as well as other WEP participants from the Andean region were able to receive technical and financial assistance based on the project proposals they crafted according to their particular needs. This support aims to facilitate various initiatives, including equipment purchases, development of collective marks, production of promotional materials, and active participation in local events to effectively showcase their products.

Upon hearing of this development, Judith and Marisol were optimistic, recognising that it provided them with the opportunity to implement the lessons learned during the WIPO WEP more efficiently.

Their project proposal includes the purchase of essential equipment for the primary processing and packaging of filtering infusions, as well as the creation of two minimum viable products using the traditional plant knowledge of the Asháninka communities.

With numerous recent achievements, Judith and Marisol are often asked how they managed to accomplish so much in just three years. They openly share that their journey hasn't been easy, facing financial constraints initially in registering both their association and their collective trademark. Constantly traveling between communities and the city, they have encountered and overcome language and cultural barriers.

Additionally, the lack of legal resources and limited infrastructure posed significant challenges. Although they now receive financial and technical support to use their collective trademark, they acknowledge that such assistance is not common. Nevertheless, they attribute their progress to their collective efforts and guidance from programs like the WIPO WEP.

“We decided to take immediate action through our association and through our entrepreneurship. We know that empowered women will empower their families, empowered families will empower a community, empowered communities will empower a locality, and so our dream is to contribute to the development of our country,” Judith said.

Future plans

Now, their upcoming goal is to access both national and international markets, delivering an important message: Indigenous Peoples are leading the way.

While IP may seem like a small component in the grand scheme of things, it serves as a crucial tool that, when strategically used, can significantly improve the lives of communities and visionaries like Judith and Marisol.

Their aspirations are an example of collective resilience and the leadership of women at the grassroots level, leveraging elements of IP to elevate their collective solutions. Despite ongoing challenges in achieving legal recognition for collectively held traditional knowledge in other countries, there remains hope as they continue to engage with and shape the IP system.

For information on the WIPO WEP: https://www.wipo.int/tk/en/women_entrepreneurs/

Disclaimer: Any views expressed are those of the authors and not necessarily those of WIPO or any of its Member States.

Sara Fuentes Maldonado is an indigenous fellow at WIPO. She can be contacted at sara.fuentesmaldonado@wipo.int

Wend Wendland is a director, Traditional Knowledge Division, WIPO, and he can be contacted at wend.wendland@wipo.int