Washington, DC – On Tuesday, October 24, 2023, the United States Patent and Trademark Office (USPTO), Department of Commerce published a notice in the Federal Register on 

Formal Tribal Consultation on World Intellectual Property Organization Intergovernmental Committee Negotiations

. The National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) applaud the decision to hold this long overdue consultation. (

).

Since 2016 NCAI, represented by NARF, has called on the federal government to engage in government-to-government consultation on tribal intellectual property issues. These efforts included NCAI passing resolutions in both 2016 and 2022 calling for immediate and direct consultations regarding international negotiations happening at the World Intellectual Property Organization

“The United States federal government needs to ensure free, prior, and informed consent from Tribal Nations as it develops positions to be taken in these international negotiations around genetic resources, traditional knowledge, and cultural expressions. Tribal Nations have sovereign rights and authority as the holders and guardians of these aspects of our cultures that must be respected by the United States. The upcoming consultations are a necessary step to ensure that these legal and moral requirements are met,” said NCAI Executive Director Larry Wright, Jr.

“The United States Patent and Trademark Office has taken positions in negotiations at the World Intellectual Property Organization more aligned with corporations that want to access and use Indigenous Peoples’ genetic resources, traditional knowledge, and cultural expressions than with the United States’ role as trustee for Tribal Nations. The United Nations Declaration on the Rights of Indigenous Peoples recognizes Indigenous Peoples’ rights to their cultural and intellectual property, as well as the obligation for the United States to take measures to protect those rights. It is good that the United States is living up to its obligation to consult with Tribal Nations, and the concern now is to ensure that the consultation is meaningful and actually impacts the United States’ negotiation positions,” explained NARF Staff Attorney Sue Noe.

In the upcoming consultation announced on Tuesday, the USPTO will seek tribal input on how to best protect genetic resources, traditional knowledge, and traditional cultural expressions as they are being discussed at the World Intellectual Property Organization. The Federal Register notice provides details for online webinars to be held in January 2024. Two of the four webinars will be for federally recognized Tribal Nations and two will be for state-recognized Tribal Nations, tribal members, Native Hawaiians, and inter-tribal organizations. The USPTO also invites related written comments, to be submitted by February 23, 2024.




The webinars for federally recognized Tribal Nations and their proxies will be held on Tuesday, January 16, 2024, from 3 to 5 p.m. ET and Wednesday, January 17, 2024, from 3 to 5 p.m. ET. The webinars for state-recognized Tribal Nations and other tribal members, Native Hawaiians and their representatives, and inter-tribal organizations will be held on Friday, January 19, 2024, from 3 to 5 p.m. ET and Tuesday, January 23, 2024, from 3 to 5 p.m. ET. 

 in advance to participate in one of these webinars.

Joint Statement: United States to Consult with Tribal Nations on Protecting Tribal Intellectual Property

WASHINGTON, DC – The National Congress of American Indians is encouraged by today’s announcement from the National Football League’s Commanders President Jason Wright that a return to the former name “is not being considered. Period.” This resolute stance and promise of continued dialogue represents a meaningful first step toward the Commanders owning the history of its former name and taking accountability for the unspeakable harm caused to tribal citizens after decades of racism and erasure.

In light of recent interviews where the Commanders new ownership group referenced the former team name, NCAI sent a letter extending congratulations on their acquisition and reiterating Indian Country’s long-standing opposition to harmful, unsanctioned Native “themed” mascots and imagery.

NCAI invited meaningful dialogue on how to truly honor and respect Native peoples, urging ownership to promptly discontinue this practice and publicly commit to refraining from any further use of the pejorative slur by stating, “It is time to leave the former name in the past.” As the oldest, largest, and most representative organization in the United States serving the broad interests of Tribal Nations and Native people, NCAI has been at the forefront of Indian Country’s campaign to retire harmful branding, including the derogatory racial slur that previously characterized the “Commanders” franchise.

“The use of unsanctioned Native ‘themed’ sports mascots perpetuates harm and dehumanizes our citizens, impacting both Native and non-Native individuals, and particularly our children,” said NCAI Executive Director Larry Wright, Jr. “NCAI remains committed to fostering a proactive partnership with Washington ‘Commanders’ leadership, ensuring that harmful pasts are not repeated with future generations.”

Out of respect for tribal sovereignty, NCAI encourages the Washington Commanders organization to persist in dialogue with duly elected tribal leaders and engage with the communities directly affected by the previous mascot. This call to action extends to other professional franchises, including the Atlanta Braves, Chicago Blackhawks, and Kansas City Chiefs. NCAI urges these organizations to follow the lead of the Washington Commanders and Cleveland Guardians, promoting a dialogue that upholds tribal sovereignty, amplifies contemporary Native voices, and paves the way for the retirement of harmful mascots, imagery, and branding.

Since 1968, NCAI has remained committed to addressing the issue of inappropriate and stereotypical Native representation, advocating for positions that reflect the consensus of member Tribal Nations and citizens.

About the National Congress of American Indians:

The oldest, largest, and most representative national organization serving Tribal Nations and their citizens, NCAI has been leading Indian Country’s movement to retire harmful Native “themed” mascots from sports and popular culture since 1968. NCAI’s membership has passed several consensus-based resolutions on the issue, and its relentless advocacy has helped to fuel the rapidly growing national movement among sports teams to retire offensive and harmful Native “themed” mascots out of respect toward Tribal Nations and Native peoples. For more information, visit www.ncai.org.

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