Maasai IP – Turning Colonialism On It’s Head
During the age of colonialism, western nations seized the natural resources of indigenous people, including their intellectual property, by force of arms. As independent nations sprang up in Asia and Africa after World War Two, many of these resources were returned to their proper owners.
Unfortunately, the intellectual property of these diverse people groups, wrought over thousands of years, have remained squarely in the hands of the West. This IP has become ubiquitous in western culture, incorporated into a wide variety of western fashion and product designs.
Several years ago, a small group of indigenous craftsman in Africa began selling sculptures of the iconic VW Bug. It didn’t take long before they received a cease and desist letter, advising them they cannot monetize intellectual property belonging to VWAG.
While western corporations have long guarded their intellectual property in least developed nations, the intellectual property of indigenous people is only just beginning to be reclaimed by its rightful owners.
The Maasai of Tanzania and Kenya, for instance, have seen their cultural heritage appear in a wide variety of industries, ranging from Maasai Land Rovers to Maasai Red fabrics. Until recently, there has been little they could do about it. The Maasai, like other indigenous people with a rich cultural heritage, have had to sit by as others monetize the fruits of their centuries old cultures. The Maasai have had no seat at the table as IP enriches the lives of western societies.
All of that is about to change. Indigenous people, such as the Maasai, are reasserting their property rights in unique and creative ways. Already, Range Rover has assigned trademarks incorporating Maasai culture to the Maasai people. Starbucks now recognizes Fair Trade principles, allowing Ethiopian farmers to market brand name Ethiopian coffee.
Using creative licensing, standard IP enforcement, public relations, goodwill and unique US state statutes, the Maasai and other people from least developed nations are finally regaining their heritage. Most importantly, the West has begun to move over as indigenous people get a seat at the table.
Western consumers will have to accept the fact that unique indigenous culture has value and that value must be paid for. In the end, having a seat at the table will allow indigenous craftsmen and artists to profit from their own identity, as opposed to living off the intellectual property crumbs of counterfeiting and infringement