From tapestries to treaties: Indigenous diplomacy in the evolution of intellectual property law as advocacy

Journal article

This article explores the intersection of Indigenous cultural heritage and international intellectual property (IP) law. Drawing on personal narrative, community memory, and institutional experience, it traces how, despite colonial legacies embedded within global IP regimes, Indigenous Peoples have carved out space for agency and influence through diplomatic engagement in international forums such as the World Intellectual Property Organization (WIPO). The article narrates and examines the evolution of Indigenous participation within WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC), culminating in the landmark adoption of the 2024 WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. Through the lens of “Indigenous diplomacy,” it argues that Indigenous advocates have not only contested exclusion but also reshaped aspects of legal norms, contributing to a broader decolonial movement that seeks justice, recognition, and the right to control and benefit from their intellectual and cultural heritage.

Authors: Fuentes Maldonado, SS

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Cambridge University Press
• Journal: International Journal of Cultural Property
• Volume: 33
• Article number: e13
• Publication date: 2026-06-16
• DOI: 10.1017/s0940739126100356
• EISSN: 1465-7317
• ISSN: 0940-7391
• Language: English
• Keywords: traditional cultural expressions; WIPO; decolonization; intellectual property law; Indigenous Peoples; Indigenous diplomacy; genetic resources; traditional knowledge; cultural heritage; international law