Blog Post: IIPSJ Attendance at the 52nd WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)
(March 4 – 13, 2026, Geneva Switzerland)
By Dalindyebo Shabalala, Academic Co-Director and Professor of Law, Suffolk IP Center
Executive Summary
IIPSJ attended the 52nd session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in March 2026. Represented by Prof. Dalindyebo Shabalala (Suffolk Law IP Center), this was the next step in IIPSJ’s engagement at WIPO, expanding the work already being done by Dr. Metka Potocnik in the WIPO Standing Committee on Copyright and Related Rights (SCCR) and the WIPO General Assemblies (see https://iipsj.org/programs/iipsj-international/).
After the long in gestation success of the WIPO Treaty on Genetic Resources and Traditional Knowledge (see https://www.wipo.int/en/web/traditional-knowledge/wipo-treaty-on-ip-gr-and-associated-tk) this session was the first after a difficult negotiation for renewal of the mandate of the IGC at the WIPO IGC in June 2025 and the WIPO General Assemblies in July 2025. That mandate for 2026-27, asked that
“The Committee will, during the budgetary biennium 2026/2027, in a Member
State driven process, continue its work on the protection of genetic resources (GRs),
traditional knowledge (TK) and traditional cultural expressions (TCEs), with the
objective of finalizing an agreement on an international legal instrument(s), without
prejudging the nature of outcome(s), relating to intellectual property, which will
ensure the balanced and effective protection of TK and TCEs”
The question of the mandate came up as an issue quite quickly, in the structure of the agenda. The session began with Information sessions for the first three days rather than heading straight into text-based discussions, something which was noted by the African Group. While such Information sessions are always interesting, they represent a much earlier phase of the IGC negotiations where evidence gathering and sharing of experiences helped create an evidence base and persuaded member countries of the need for action. There were real concerns that this was an attempt to take a step back rather than build on the success of the WIPO GRATK Treaty. However, the need for a transition was also evident in that the IGC was being led by a new Chair and Vice-Chair as well as new leadership in the Secretariat. This may explain the somewhat slow start e.g. the fully proposed method of work for the session was not sent to all delegations until the first Friday of the session, three days in. However, the US delegation also saw fit to make a proposal for a survey questionnaire to “ascertain the operational aspects of sui generis systems in existence for the protection of TK and TCEs”. This was a relatively transparent effort to use further study to delay taking the next step into treaty text negotiations. IIPSJ provided an analysis and supported other civil society delegations in their response (see Blog Post). This was understood as a delaying tactic rather than a genuine attempt to seek evidence and information. There is already plenty of evidence of countries’ laws and case studies describing what countries are doing to protect traditional knowledge and traditional cultural expressions. It was opposed by most countries but there was a danger that it would provide an excuse for other delegations such as the EU to delay their commitment to moving forward with negotiations. In the end the proposal was not adopted and it was postponed for discussion at the next session.
Much of the discussion in the second week was held in non-recorded informal session, available via audio to civil society organizations but with participation of the Indigenous Caucus. The discussions went directly into text-based discussions on the draft texts for the protection of traditional knowledge and traditional cultural expressions. The most reassuring element of these relatively early discussions is how much expertise was apparent on the part of the participants and how much goodwill and support the Chair received. This bodes well for the nature and tone of future discussions.
In terms of outcomes (https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_52/wipo_grtkf_ic_52_7.pdf) there were few of any note. Notably:
“The Committee worked, including text-based negotiations, on the basis of documents WIPO/GRTKF/IC/52/4 and WIPO/GRTKF/IC/52/5 and decided to continue this work on the basis of these documents at its next session.”
IIPSJ will be attending the next session to work with and support partner organizations.
Full Report
IIPSJ attended the 52nd session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in March. Represented by Prof. Dalindyebo Shabalala (Suffolk Law IP Center), this was the next step in IIPSJ’s engagement at WIPO, expanding the work already being done by Dr. Metka Potocnik in the WIPO Standing Committee on Copyright and Related Rights (SCCR) and the WIPO General Assemblies (see https://iipsj.org/programs/iipsj-international/).
After the long in gestation success of the WIPO Treaty on Genetic Resources and Traditional Knowledge (see https://www.wipo.int/en/web/traditional-knowledge/wipo-treaty-on-ip-gr-and-associated-tk) this session was the first after a difficult negotiation for renewal of the mandate of the IGC at the WIPO IGC in June 2025 and the WIPO General Assemblies in July 2025. That mandate for 2026-27, asked that
“The Committee will, during the budgetary biennium 2026/2027, in a Member
State driven process, continue its work on the protection of genetic resources (GRs),
traditional knowledge (TK) and traditional cultural expressions (TCEs), with the
objective of finalizing an agreement on an international legal instrument(s), without
prejudging the nature of outcome(s), relating to intellectual property, which will
ensure the balanced and effective protection of TK and TCEs”
The question of the mandate came up as an issue quite quickly, in the structure of the agenda. The session began with Information sessions for the first three days rather than heading straight into text based discussions something which was noted by the African Group. While such Information sessions are always interesting, they represent a much earlier phase of the IGC negotiations where evidence gathering and sharing of experiences helped create an evidence base and persuaded member countries of the need for action. There were real concerns that this was an attempt to take a step back rather than build on the success of the WIPO GRATK Treaty. However, the need for a transition was also evident in that the IGC was being led by a new Chair and Vice-Chair as well as new leadership in the Secretariat. This may explain the somewhat slow start and we can see this in that the fully proposed method of work for the session was not sent to all delegations until the first Friday of the session, three days in. However, the US delegation also saw fit to make a proposal for a survey questionnaire to “ascertain the operational aspects of sui generis systems in existence for the protection of TK and TCEs”. This was a relatively transparent effort to use further study to delay taking the next step into treaty text negotiations. IIPSJ provided an analysis and supported other civil society delegations in their response. (see Annex I). This was understood as a delaying tactic rather than a genuine plan to seek for evidence and information. There is already plenty of evidence of countries’ laws and case studies describing what countries are doing to protect traditional knowledge and traditional cultural expressions. It was opposed by most countries but there was a danger that it would provide an excuse for other delegations such as the EU to delay their commitment to moving forward with negotiations. In the end the proposal was not adopted and it was postponed for discussion at the next session.
Much of the discussion in the second week was held in non-recorded informal session, available via audio to civil society organizations but with participation of the Indigenous Caucus. The discussions went directly into text based discussions on the draft texts for the protection of traditional knowledge and traditional cultural expressions. The most reassuring element of these relatively early discussions is how much expertise was apparent on the part of the participants and how much goodwill and support the Chair received. This bodes well for the nature and tone of future discussions.
The Chair’s note’s following the IGC (https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_52/wipo_grtkf_ic_52_www_657746.pdf) pointed out that informal discussions focused on:
1. Beneficiaries – who are the beneficiaries of the instrument(s) and how can we define them to provide legal certainty while allowing for adaptability at national levels? (Article 4 in both texts);
2. Eligibility criteria – what is the knowledge or cultural expression(s) that is covered by the instrument(s) and how can we define this to provide legal certainty while allowing for breadth of applicability at national levels? (Article 3 in both texts);
3. Objectives – why is the instrument(s) necessary and how does it conceptualise the interaction with other instruments/systems? (Article 2 in both texts); and
4. Scope – how is the knowledge or cultural expression(s) recognized and through what mechanisms? (Article 5 in both texts).
The Chair’s note provides an extensive assessment of the informal negotiations and where he sees significant opportunities for convergence/agreement and reconciling different concerns. On future work the Chair noted the following issues he thought member states should address before the next session:
Beneficiaries
1. Can the Committee:
• Taking note of the separate article(s) on the administration of rights/interests, outline a concept of whom ‘other beneficiaries’ are intended to be?
• Provide textual proposals outlining this concept of ‘other beneficiaries’, while providing Member States with sufficient flexibility to apply it in their national circumstances?
• Find a textual solution to address the remaining need around the term Indigenous Peoples and Local Communities?
Eligibility Criteria
2. Can the Committee:
• Carefully acknowledging differences, consider the questions (within their context above):
o How can we describe the difference between a legitimate innovation that is created by and belongs to an individual who is from an Indigenous People or Local Community, as opposed to an innovation by that same person that belongs to the Indigenous People or Local Community?
o How can we ensure that as Indigenous Peoples and Local Communities continue to develop cultural expressions and knowledge that they, as the holders, are able to determine how and when they are used within 50 years?
• Discuss examples around why there is a need to be able to add further criteria for protection at a national level?
Objectives
3. Can the Committee:
• Following an ‘Evidence-based Sharing Session’, develop a deeper conceptual understanding of the positive protection of traditional knowledge and traditional cultural expressions. With this, determine if there is a need for textual fine tuning of the positive protection within the objective article(s)?
• Within the defensive protection objective, identify and agree on a technical or general term to replace or add to the “erroneous grant of intellectual property rights” to broaden its meaning to intellectual property rights that are not ‘granted’.
• Move any text relating to ‘direct outcomes’ of the instrument(s) to the Preamble, at this time, or in the future.
Scope of Protection
4. Can the Committee:
• Further explore ways to conceptualise the relationship between measures and rights-based approaches, noting the existing role of the tiered approach.
• Develop choices for the Committee that are less binary in nature to create more negotiating room relating to scope of protection.
• Consider and amend the terminology ‘safeguard’ in Article 5 of both texts.
The Chair has made a good beginning and has appropriately outlined some key next steps. By focusing parties on specific pieces of work, the Chair pushes past the basic question of whether to negotiate in the first place. However, the issues he has identified are also some of the most difficult and contentious and are not likely to be resolved at the next session, let alone by the next biennium. By the end of the next meeting the Chair should present a vision of what needs to be accomplished in terms of progress to present at the next renewal of the mandate.
In terms of outcomes (https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_52/wipo_grtkf_ic_52_7.pdf) there were few of any note. Notably:
“The Committee worked, including text-based negotiations, on the basis of documents WIPO/GRTKF/IC/52/4 and WIPO/GRTKF/IC/52/5 and decided to continue this work on the basis of these documents at its next session.”
The work of this next phase of international work on the protection of traditional knowledge and traditional cultural expressions. The hurdle of whether or not to seek further outcomes and protections has been overcome. The hope is that it will not take another 25 years to come to another outcome on these issues.
Annex I
Analytical Note on the US Proposal for a “Questionnaire on the use of sui generis protections for Traditional Knowledge and Traditional Cultural Expressions, a Summary Report of responses received, and a Presentation of results (WIPO/GRTKF/IC/52/6)”
Top Line Summary
1. If the US believes it needs further information to inform its own actions it should proceed and generate that information itself.
2. The proposal from the US is vague and over-broad and is not technically capable of being completed accurately within the time frame proposed.
3. Other norm-setting processes at WIPO have not been subjected to the same standard of evidence or proof being proposed by the US, and the main issue, establishing the existence of the misappropriation problem, has already been done.
4. The purpose of the proposal is to delay progress on text-based negotiations and will have that effect if adopted, whatever the best intentions of some countries.
I. Introduction
The US has made a proposal for further study to enable ‘evidence- based’ decision-making in moving forward on the treaty texts. While the renewed mandate leaves the door open for further studies, it states that such studies should NOT prevent or delay progress on text-based negotiations. As a matter of realpolitik, the US opposes moving forward on the text-based negotiations. Its proposal would likely have that effect as the US would seek to refer to the study as necessary to be presented before it could commit to further action. The US has made it clear that it believes that the IGC should take a pause to determine the necessity of continuing the work of the committee. While the US is willing to say this somewhat more bluntly, this is something that its partners in Group B may be less willing to state in the same way. This may explain why the US is putting this proposal forward at this time, knowing that it is likely to be opposed by the majority of countries but especially the African group. However, the proposal does enable the US to provide cover and a means for other Group B members, if they so wish, to support further study, with an implied understanding that it will be a means of asking for delays at a later date, to wait for results before moving forward on stronger action. It may therefore be a means by which Group B can maintain some cohesion with the US in the next two sessions. The response then should be aimed at eroding the ability of other Group B members, especially the EU, to use the US proposal as cover. A response should be aimed at weakening the apparent reasonableness and rationality of the proposal such that it is less able to serve as cover and with that in mind, the following potential criticisms can be put forward by member states, indigenous representatives and civil society organizations.
II. Analysis
The United States has made a proposal that it believes there is relevant missing information to inform its positions in the negotiations in the WIPO IGC. The proposal would involve a survey that places a further unplanned and unfunded burden on the secretariat and other member states to generate that information on its behalf. This requires additional financial resources and personnel on the part of the secretariat AND on the part of other member states. Given that there is some gap between member states as to whether such purported information is even required or whether it is actually unavailable, it would seem that the initial burden for showing that such a gap exists should fall on the US. If it believes that such a gap needs to be filled it may be appropriate to expend its own very considerable financial, technical and personnel resources to support such research and surveys. This work can be carried out through institutions such as Fulbright Scholarships, National Science Foundation, National Endowment for the Humanities Funding and Fellowships, Department of State, USAID etc.
Of additional concern is the sheer breadth of the survey.
“instances of compliance with requirements under such systems (e.g., registration of TK and TCEs, recordation of agreements, government approvals), information on the number and details of any adjudications or enforcement outcomes or other forms of dispute resolution occurring under these systems, concrete outcomes delivered by the systems (for TK and TCE holders, governments, interested third parties, and society at large (including commercialization of TK or TCEs)), and financial sustainability (including the costs of administering the systems versus economic benefits generated (e.g., royalties)). “
It presents a methodological challenge requiring capabilities not present in the Secretariat nor necessarily in any particular consultant or set of consultants. The information is not simply available in existing databases or documents but would have to actually be generated as part of the study. The stakeholders who would need to be surveyed at the national level differ immensely and would require significant resources to reach. In each specific area:
1. “registration of TK and TCEs, recordation of agreements, government approvals” – such information is likely in the hands of multiple government agencies not just a specific department of TK and TCEs. The coordination process for generating and identifying such information is extensive. This is a significant study all by itself.
2. “information on the number and details of any adjudications or enforcement outcomes or other forms of dispute resolution occurring under these systems” – this would require ensuring that the universe of cases be identified in the courts of first instance, if at all, as well as in other dispute mechanisms, such as customary courts. The cases would have to be reported and published, and have received some type of final adjudication. This would be separate from other dispute settlement mechanisms such as arbitration, which may or may not be published, as well as decisions and dispute settled by regulatory bodies. This, again, is a significant study all by itself, likely lasting at least 2 years in any specific jurisdiction. For example, in the United States, simply gathering the universe of cases especially in tribal jurisdictions would be an extensive task. This would require assessing and summarizing each case for its outcomes, characterizing it as falling into specific categories and then analyzing the structure of the outcomes, among other things. This would likely entail thousands of cases, and the data would likely be incomplete because of the lack of reported cases in US tribal jurisdictions. One can imagine how much more difficult such research would be in other countries with far less resources and structured case reporting systems. A rushed study is likely to generate something that looks like data but will have little statistical validity.
3. “concrete outcomes delivered by the systems (for TK and TCE holders, governments, interested third parties, and society at large (including commercialization of TK or TCEs))” – this is the most vague component of the proposal. Even before attempting to make causal links between legislative changes and broad societal outcomes, there are serious difficulties in defining what the metrics to be measured would be. Experience suggests that conducting such economic studies related to legislative policy changes have taken multiple years and have not always been able to generate useful information. For example, the EU studies on the impact of the Database Directive study which looked JUST at whether the directive resulted in growth of the database industry in the EU took a long time to carry out and still found it difficult to generate highly reliable results and information.
As a matter of research design, the question at the broad level that the US is seeking is better addressed through case or country studies to generate comparative information and in-depth answers that can point to causal relationships. These take time and require significant time on the ground. Once those studies are presented then specific questions about each causal link can form the basis for further analysis. However, this cannot be the basis for determining the necessity for an international treaty. WIPO treaties are formulated to address specific problems, and the WIPO IGC was formed in response to the well documented problem of misappropriation of traditional knowledge and traditional cultural expressions and these text-based discussions are built in response to that problem. Such solutions are always prospective as they specifically address cross-border problems, NOT whether specific suites of policies of rights and duties are appropriate at the national level. When WIPO agreed on the Lisbon Agreement and its Geneva Act, this was not the required standard for coming to agreement. In fact, in contrast to the over-broad and vague proposal here, the US has recently (February 2026) made a proposal in the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT/49/6 – https://www.wipo.int/edocs/mdocs/sct/en/sct_49/sct_49_6.pdf), that asks a very specific set of questions in a questionnaire on the legal, administrative, and procedural aspects of examination and registration of certification marks. The US knows how to ask specific questions that are capable of being answered by countries within the framework of WIPO capacities and that can generate information with statistical significance and validity. The danger of the proposal is that it
1. demands evidence
2. designs review and studies that cannot actually find the relevant evidence
3. cite absence of evidence as justification for delaying action
Blog Post: IIPSJ Attendance at the Extraordinary 67th Session of the General Assembly of the World Intellectual Property Organization
(WIPO GA) (Geneva, hybrid, 21 April 2026)
By Dr. Metka Potočnik (she/her/hers), Senior Lecturer in Law, Wolverhampton Law School
IIPSJ attended the extraordinary 67th World Intellectual Property Organization (WIPO) General Assemblies (GA), in their capacity as the WIPO Accredited Observer. In our fourth year of continuous
attendance, IIPSJ participated in the official hearings at the WIPO Headquarters in Geneva, with the Associate Director for International Programmes, Dr Metka Potočnik, attending the length of the proceedings online. The aim of the extraordinary session was to agree the future leadership of the organization, the re-appointment of, and terms of employment of Director General Tang. This followed the nomination of DG Tang for the position by the Coordination Committee in its 29th Extraordinary Session between 12 to 13 February 2026. The reappointment is for another six years
and begins on 1 October 2026.
In his address, DG Tang briefly took stock of the organization’s key achievements since he took office on 1 October 2020, of which there were several and include also two new, international treaties,
agreed by WIPO Member States by consensus (Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge; and Riyadh Design Law Treaty). Looking forward, WIPO needs to be at the forefront of technological, digital and AI innovation, while not forgetting about the “human touch.” It is also worth noting that DG Tang sees IP as an issue, that should cross streams from specialist areas, to mainstream, where “we will need to aspire for IP to become mainstream, not just as policy priorities for governments and leaders but as something recognized and valued by people everywhere, that when someone talks about technology, brands, designs, art, culture, sports, agriculture, trade, economy, finance and our world, they are aware that IP plays an important role in all of these.”
His address was received warmly by all in attendance, while several WIPO Member States noting that much work remains to be done, in the current oft challenging circumstances.
IIPSJ is continues to contribute to future discussions in WIPO, with the aim of building a more inclusive WIPO eco-system. The IIPSJ team are working towards a meaningful participation the regular, 68th WIPO General Assembly, which is taking place in Geneva (hybrid), between 7 to 15 July 2026. If you are interested in contributing to IIPSJ work in this space, do contact the IIPSJ directly.
Blog Post: IIPSJ Celebrates World IP Day 2026
The Institute for Intellectual Property and Social Justice Celebrates World IP Day 2026
Once again, the Global Community celebrates World IP Day and the importance of IP achievement to humanity’s health, wellbeing, and advancement. As a WIPO Accredited Non-governmental Organization dedicated to promoting social justice in the field of intellectual property law and practice, IIPSJ proudly joins in this annual recognition of human actualization harnessed toward the greater societal good, particularly when implemented to benefit and engage historically and currently disadvantaged and underserved groups in development and uplift through the intellectual property ecosystem.
The World IP Day 2026 theme “IP and Sports: Ready, Set, Innovate” embodies the IP Social Justice theory of and aspirations for our global IP regime. Athletic achievement intersects with every IP domain to provide unique paths toward equitable access, inclusion, and empowerment for all individuals and communities, irrespective of native origin, geographical region, or other social categorization.
IIPSJ is dedicated to the idea that the creation of and access to intellectual property is not only fundamental to human development but is the bedrock of a vibrant global intellectual property law and policy ecosystem. World IP Day gives due recognition to the importance of IP endeavors in promoting health, knowledge, and socio-economic parity throughout the world.
About IIPSJ
The Institute for Intellectual Property and Social Justice was established to promote social justice in the field of intellectual property law and practice, both domestically and globally, through core principles of equitable access, inclusion, and empowerment through IP achievement. IIPSJ’s work ranges broadly, and includes scholarly examination of IP protection; advocacy for social justice cognizance in the shaping and implementation of IP legislation and policy; initiatives to increase the diversity of the IP bar; and programs which promote greater awareness and understanding of the IP regime, all in support of the stimulation of creative and inventive endeavor and the broadest possible dissemination of expressive and innovative accomplishments toward the greater societal good.
Blog Post: 2025 End of Year Recap
2025 End of Year Recap
As we close another successful year, we want to highlight some of the impact of your contributions for 2025:
The Nexus of Social Justice and Intellectual Property
- Our monthly newsletters (https://iipsj.org/latest-news/) provided readers with timely and relevant recent developments in intellectual property law that have particular impacts on diverse communities and the concept of social justice.
- Working with our various academic partners, IIPSJ organized the 11th annual IP MOSAIC Conference (https://iipsj.org/programs/ip-mosaic/). The theme was IP and the Fabric of Nations.
Diversifying the Legal Field and the Intellectual Property Bar
- For twenty-two years, the IIPSJ IP and Social Justice CLE program (https://iipsj.org/2025-ip-social-justice-cle-recap/) has provided a venue through which to showcase minority and women IP attorneys. The 22nd Annual IP & Social Justice CLE program (https://www.youtube.com/playlist?list=PLpjeDSnL4i4lEMJf0N-48iqiZYF-CBvSb) explored the latest developments in IP law, including the relevant social justice impacts, strategies, and opportunities for enhancing the social efficacy of the IP legal regime.
- IIPSJ co-hosted the inaugural West Coast IP & Social Justice CLE (https://iipsj.org/programs/west-coast-ip-social-justice-cle/), which included discussions on IP social justice issues as well as attorney wellness.
- Working with our various academic partners and event sponsors, IIPSJ organized the 7th Annual HBCU IP & Tech Law Summit (https://iipsj.org/programs/hbcu-ip-tech-law-summit/), where the audience was treated to leading technology lawyers discussing Artificial Intelligence, Navigating Legal & Regulatory Issues with Emerging Technology, Legal Strategies for Developing, Advancing and Defending IP and more.
- IIPSJ continued the HBCU IP and Tech Law Summit Intellectual Property (IP) Internship Grant Program (https://iipsj.org/wp-content/uploads/2025/12/2024-25-Internship-Grant-Brochure.pdf), which was sponsored by INTA Foundation, by awarding grants to two students. Under this grant program, we enabled students enrolled in a participating HBCU law school to work as unpaid interns for public interest organizations in connection with trademark, copyright, and other IP matters. This grant program supported students who would not be able to participate in an unpaid internship without receiving additional monetary support.
Advocacy for Participation in the Intellectual Property System
- A new volume of The Cambridge Handbook of Intellectual Property and Social Justice is in development, which will be co-edited by IIPSJ Founder and Director Lateef Mtima.
- In July, IIPSJ Associate Director for International Programs, Dr. Metka Potočnik, attended the 66th World Intellectual Property Organization (WIPO) General Assemblies (GA) (https://iipsj.org/blog-post-iipsj-attendance-at-the-66th-world-intellectual-property-organization-general-assemblies/) at the WIPO Headquarters in Geneva and represented IIPSJ as a WIPO Accredited Observer. Dr. Potočnik contributed a written statement, delivered an oral statement (view here, at 00:43:51, or here) and attended the length of the proceedings in person.
Community Outreach that Empowers Creators of Color to Share, Protect, and Monetize Their Work
- IIPSJ continued our Intellectual Property for the People Series (https://iipsj.org/programs/ip-for-the-people-open-academy/) to help creators, inventors, and entrepreneurs from communities of color understand and explore the rights and resources available to them. This year’s series included the following free, one-hour webinars: Avoiding Pitfalls in the Trademark Application Process: Advice from a Former Trademark Examining Attorney and Copyright. Replays of all sessions are available on our YouTube page (https://www.youtube.com/playlist?list=PLpjeDSnL4i4mPRA4CX44FjLcSUv1CyMug).
Read our full 2025 End of Year Report here.
Blog Post: IIPSJ Attendance at the 66th World Intellectual Property Organization General Assemblies
(WIPO GA) (Geneva, 8-17 July 2025)
By Dr. Metka Potočnik (she/her/hers), Senior Lecturer in Law, Wolverhampton Law School
IIPSJ attended the 66th World Intellectual Property Organization (WIPO) General Assemblies (GA), in their capacity as the WIPO Accredited Observer. Now attending in person for the third year in a row, IIPSJ participated in the official hearings at the WIPO Headquarters in Geneva, with the Associate Director for International Programmes, Dr Metka Potočnik, attending the length of the proceedings in person. These assemblies brought together another record number of delegates (over 1,600), from 194 Member States. All sessions are available for viewing here. The opening address of the Director General Tang, can be found here.
IIPSJ attended the GA sessions for the third time in Geneva, after having observed several WIPO meetings online, since 2020. IIPSJ continues to take the GA meetings as an opportunity to build strategic partnerships with Member States and other stakeholders, interested in creating access, inclusion and empowerment for under-represented creators and innovators in the global eco-system. IIPSJ contributed to the discussion in writing (contact us for the full statement, which will be included in the GA report), and in the session (view here, at 00:43:51, or here).
The content of our statement, in particular our emphasis of the UN Sustainable Development Goals, was also reflected in the discussions among Member States during the Programme and Budget Committee. What we have seen since the beginning of 2025 is a change in the context of discussions at WIPO, especially Agenda #11 (see here). Among other proposals, the United States asked for the “Removal of all references to the 2030 Agenda for Sustainable Development and SDGs from the Proposed Program of Work and Budget for 2026/2027” (A/66/7, page 11, Agenda #9, paragraph 3(i), see here), together with a reduction, or deletion of the Development Acceleration Fund. After two weeks of informal negotiations, all Member States approved the PBC on Thursday, 17 July 2025 (final day), without the deletion of the UN SDGs from the Proposed Program of Work and Budget for the upcoming biennial. The US delegation did not want to stand in the way of adopting the PBC by consensus but put their strong objections to WIPO’s continued references to the implementation of the UN SDGs, across their work and programmes on the record.
IIPSJ representative, Dr Metka Potočnik, also attended the 12th WIPO-NGO Stakeholder Dialogue, which was organised in parallel with the 66th WIPO GA and took place on Friday, 11 July 2025, at the WIPO New Building. WIPO Director General Darren Tang, Assistant Director Edward Kwakwa and Assistant Director General Andrew Staines, and other WIPO experts met with sixty-eight Accredited Observers and NGOs “to exchange views and strengthen engagement with the global intellectual property (IP) system.” According to DG Tang, when counting the Observers as well, the number rises to 1,800 delegates of the 66th GA session. The event has been placed in the spotlight for its importance and more can be read here.
WIPO also launched its Institutional Capacity Framework (ICF), which will be ‘a health check tool’ for universities and research institutions, aimed at fostering innovation. ADG Marco Aleman acknowledged that universities and research institutions are environments where innovation happens. Research organisations will be able to use ICF (on voluntary basis) to create growth, facilitate policymaking and build dialogue. Professor Fazilet Vardar introduced the ICF in more detail. ICF combines Knowledge and Technology (K/TT) Metrics to assess seven core capability dimensions: (1) leadership and governance, (2) organisational capacity, (3) institutional culture, (4) infrastructure, (5) transfer mechanisms, (6) stakeholder engagement, and (7) monitoring and learning. The tool will be general in nature and include research from all fields (STEM, social sciences, or the arts) and aims to cover the needs from organisations, which are only starting in research, and the needs of larger universities, well-established in world-leading research. The tool is still under development and its publication still pending. If you are with a research institution or a university and want to help WIPO develop the ICF (either at the stage of proof of concept by the end of 2025, or in the pilot stage, taking place in early 2026), please do get in touch with us, and we will connect you with the relevant WIPO team.
IIPSJ is continues to contribute to future discussions in WIPO, with the aim of building a more inclusive WIPO eco-system. The IIPSJ team are working towards a meaningful participation in the 47th Session of the Standing Committee on Copyright and Related Rights (SCCRR) (see here, 2026 dates to be confirmed) and the 35th Session of the Committee on Development and Intellectual Property (CDIP) (see here). Going forward, the IIPSJ also plans to expand its activities to the work of the Advisory Committee on Enforcement (ACE) (see here), in particular in the field of IP arbitration and mediation. If you are interested in contributing to IIPSJ work in this space, do contact the IIPSJ directly.
Blog Post: Call for Book Chapter Proposals
A New Book on IP and Social Justice:
Call for Chapter Proposals
Lateef Mtima, Kara Swanson, Trevor Reed, Eds.
Intellectual property legal theorists, pundits, and policy makers increasingly embrace the proposition that IP protection not only supports producer incentives and creative and innovative benefits typically within the commercial sphere. IP protection can also be construed and implemented to produce outcomes that promote social justice. In this vein, a collection of international IP scholars, policy makers, and practitioners collaborated in the recent publication of The Cambridge Handbook of Intellectual Property and Social Justice, which volume undertakes to articulate a discrete theory of IP Social Justice and to explore some of the social benefits that might be gained through its application to the IP ecosystem.
Whereas the Cambridge IP SJ Handbook demonstrates how a social justice approach to IP protection can expand the social capability of the IP legal regime, the anthology further engenders the consideration of a broader, sequential question: beyond supplementing traditional IP theories and rationales, to what extent might IP SJ supplant such prevailing perspectives, towards greater fulfillment of the social function of IP protection to promote human development and wellbeing? As a follow up to the IP SJ Handbook, a new volume will explore this and related questions.
Call for Book Chapter Proposals
Through this call for book chapter proposals, we invite submissions that
(A) consider, compare, contrast, and/or critique the tenets of IP SJ (i) in the context of traditional IP theoretical rationales, such as economic utility, natural rights, and human rights law; and/or (ii) in the context of non-traditional IP theoretical rationales, such as decolonial theory, feminist theory, queer theory, and critical legal/critical race theory.
(B) explore how IP SJ theory might be applied to address specific contemporary IP challenges, particularly those which the prevailing IP rationales have so far proven incapable of addressing, including problems such as addressing TKCE achievement, AI technologies, global warming issues, and other current IP-related concerns.
This call for chapter proposals is intentionally international in scope, both with respect to subject matter and contributors. Prospective contributors are encouraged to contemplate the global future of IP law and policy, whether from the perspective of reinforcement and reform or of revolution and deconstruction, although proposals that use a specific country or region to illuminate the topic would be welcomed. Proposal abstracts should be no more than 250 words in length and submitted by September 1, 2025; for accepted abstracts, the deadline for submitting preliminary chapter drafts of at least 3,000 words (but no more than 10,000 words including footnotes) is December 1, 2025, whereafter contributing authors will be invited to participate in an in-person/hybrid roundtable workshop to discuss drafts. The editors anticipate that final drafts will be limited to 5,000-8,000 words including footnotes and will be due no later than July 1, 2026. Publication of the volume is projected for Fall 2026.
Proposal abstracts or questions should be sent to Victoria Fisher at Victoria.Fisher@iipsj.org.
Blog Post: The White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities - Ensuring the Broadest Participation in the American IP and Innovation Ecosystem
The White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities: Ensuring the Broadest Participation in the American IP and Innovation Ecosystem
On April 23, 2025, President Trump issued an Executive Order entitled “The White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities.” The White House HBCU Initiative reflects the Administration’s acknowledgement of and support for the critical role that HBCU institutions continue to play in ensuring that all Americans enjoy the opportunity to excel through and contribute to the national advancement, including through participation in the American IP regime and Innovation Ecosystem.
The White House HBCU Initiative expressly recognizes that “Historically Black Colleges and Universities (HBCUs) remain integral to American students’ pursuit of prosperity and wellbeing, providing the pathway to a career and a better life.” Through the Initiative, the Trump Administration pledges to “continue the work begun during [the] first [Trump] Administration to elevate the value and impact of our Nation’s HBCUs as beacons of educational excellence and economic opportunity that serve as some of the best cultivators of tomorrow’s leaders in business, government, academia, and the military.”
Among The White House HBCU Initiative’s core goals include “providing professional development opportunities for HBCU students to help build America’s workforce in technology, healthcare, manufacturing, finance, and other high-growth industries…working to advance…key priorities related to promoting innovation and excellence throughout HBCUs in consultation with HBCU leaders, representatives, students, and alumni [and] collaborating with agencies to improve the competitiveness of HBCUs for other sources of Federal research and development funding”.
Just as IP achievement remains at the forefront of American advancement in science, and technology, and the arts, The White House HBCU Initiative is an important component of a comprehensive strategy for ensuring that all Americans enjoy meaningful opportunities through which to develop and exploit their innovative and artistic talents, through academic research and technology transfer, and other entrepreneurial commercialization of their resulting accomplishments.
Through The White House HBCU Initiative, the Trump Administration takes an important step towards ensuring that every American cohort, including rural communities, veterans, elder citizens, and those who have educated themselves in non-elite or non-traditional settings, such as trade schools, and community colleges, as well as in more traditional HBCU settings, are all able to enjoy the opportunity and the privilege to participate in and contribute to America’s innovation and artistic storehouse.
IIPSJ commends the Trump Administration for this effort to effectuate a balanced approach to promoting nationwide IP engagement fully consonant with the IIPSJ Mission. We hope you will review the full text of “The White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities.”
2025 IP & Social Justice CLE Recap
“IIPSJ’s annual conferences played an important role in developing a social justice perspective in intellectual property law and policy. The Institute’s mission is a vital one”- Honorable Raymond T. Chen
For the 22nd Annual IP and Social Justice CLE Program, co-hosted by law firm Finnegan, Henderson, Farabow, Garrett & Dunner LLP, key attendee sessions included: (a) our Annual IP Year in Review, (b) Social Justice Luncheon Plenary Sessions: IP Social Justice in Legal Practice: Preparing Practitioners for Contemporary Challenges, and (c) the Annual Donald R. Dunner Judicial Panel, which included insights and reflections from the Honorable Leonard P. Stark, Judge with the United States Court of Appeals for the Federal Circuit, the Honorable Kara F. Stoll, Judge with the United States Court of Appeals for the Federal Circuit, and the Honorable Susan G. Braden, Former Chief Judge (retired) of the United States Court of Federal Claims.
The IP and Social Justice CLE Conference benefits from participation from all demographics within the IP legal community: attorneys in private practice, in-house counsel corporate departments, government agencies, and public interest NGOs, as well as members of the judiciary and government officials. The CLE Program was co-chaired by Tashia Bunch, Esther H. Lim, and Idris N. McKelvey.
IP Social Justice Lifetime Achievement Award:
The Institute for Intellectual Property and Social Justice honored Patricia Carter Ives Sluby, L.H.D. with a IP Social Justice Lifetime Achievement Award. Dr. Sluby joined the US Patent and Trademark Office as a patent examiner in the early days of the Equal Employment Opportunity program and later achieved the primary status followed by a special programs Patent Cooperation Treaty examiner. Upon leaving the USPTO she became a registered patent agent.
Dr. Sluby began compiling information on African American inventors, including women inventors and published articles in patent office journals and many other national publications including the 1990 Bicentennial Celebration—United States Patent and Copyright Laws Proceedings, Events and Addresses. She self-published her first book in 1987, Creativity and Inventions: The Genius of Afro-Americans and Women in the United States and their Patents. and after retirement published books in 2004, The Inventive Spirit of African Americans, and 2011, The Entrepreneurial Spirit of African American Inventors. Pat herself holds 22 registered copyrights. She is co-curator of the exhibit, Patented Ingenuity: The Art of African American Inventors, at the Prince George’s African American Museum and Cultural Center.
Dr. Sluby is past president of the National Intellectual Property Law Association, educating the minority community in IP, placement of IP professionals, and legislation, and member of the board of directors of the Museum for Black Innovation and Entrepreneurship. She has appeared widely on radio, TV, and internet programs, once serving as the spokesperson for the USPTO on CNN. She has also served as a contributing editor of the journal of the National Society of Black Engineers.
Her distinguished service includes Department of Commerce Science and Technology Fellow, serving on the subcommittee on Domestic Monetary Policy for the U.S. House of Representatives Committee on Banking, Finance, and Urban Affairs where she drafted a bill to place the first woman bank president in the US on a coin and special director in the Office of Cultural Resources of the National Park Service.
The 2025 CLE Sessions were:
• Key Highlights of 2024: Patent, Trademark, and Copyright
• Donald R. Dunner Judicial Panel
• IP Social Justice in Legal Practice: Preparing Practitioners for Contemporary Challenges
• Trademark, Entertainment, and NIL
• Perspectives on The Rise of Trade Secrets
• Al and Impacts on Patent System Inclusion
• Ethics
View the session video for IP Social Justice in Legal Practice: Preparing Practitioners for Contemporary Challenges here.
Thank you to our sponsors!
Blog Post: IIPSJ Co-Sponsors 2025 Race + IP Conference
IIPSJ Co-Sponsors 2025 Race + IP Conference
The Institute for Intellectual Property and Social Justice (IIPSJ) is excited to announce that it is a co-sponsor of the 2025 Race + IP Conference.
Race + IP is a conference dedicated to cultivating community and collaboration around the study of race, coloniality, and intellectual properties. The fifth anniversary conference, Race + IP ’25: Abolitionist Futures, scheduled for April 17-19, 2025 at the University of Pittsburgh, asks what it means to think about the transformative justice term “abolition” alongside “intellectual property,” or perhaps more aptly “knowledge governance.”
As a conference speaker, IIPSJ Founder and Director Lateef Mtima will support this important conversation, aspiring to encourage a shift in the socio-legal conceptualization of intellectual property as space to be policed and imagining how it can be reimagined through new frameworks that emphasize reparation without punishment.
Registration is free, and attendees can participate in person or virtually.
Learn more about the 2025 conference here.
Register for the conference here.
Blog Post: IIPSJ Program Assistant Victoria Fisher Recognized as 2024 Women in STEM Ambassador of the Year
IIPSJ Program Assistant Victoria Fisher Recognized as 2024 Women in STEM Ambassador of the Year
The Institute for Intellectual Property and Social Justice (IIPSJ) proudly introduces Victoria Fisher, our newest team member and a 2024 honoree of the Department of Commerce Women in STEM Ambassador Program. Recognized on November 1, Victoria was celebrated for her outstanding contributions to increasing diversity in STEM.
The Women in STEM Ambassador Program promotes representation in STEM fields by engaging students and professionals through mentorship and outreach. As an ambassador, Victoria led nearly 20 events, including judging biomedical engineering projects at the Regeneron International Science and Engineering Fair and mentoring students at the Youth Entrepreneur Institute in Washington, D.C.
In her acceptance speech, Victoria reflected on her journey in STEM, recalling challenges such as the absence of women’s restrooms in her college’s engineering building—a reminder of the field’s historical gender disparities. She emphasized the importance of representation, stating, “Each moment we spend inspiring young minds, breaking down barriers, and challenging stereotypes is a step toward a future where every girl believes she belongs in STEM.”
As a Primary Patent Examiner at the USPTO and IIPSJ’s Program Assistant and Administrator, Victoria continues her mission to expand access to STEM and intellectual property education. We are honored to have her on our team and look forward to her continued impact.