E-commerce During Covid-19 Presents New IP Challenges and Opportunities to Indigenous Entrepreneurs from the Latin American Region

December 4, 2020

On November 20, 2020, an online webinar organized by WIPO’s Traditional Knowledge Division gathered a panel of e-commerce experts and indigenous entrepreneurs, and 200 participants to talk about the emerging opportunities and challenges that e-commerce raises in the Latin American region.

The Covid-19 pandemic has expedited the growth of e-commerce the world over.  In Latin America, millions of consumers are currently using e-commerce to purchase products and services while complying with confinement and social distancing measures.  Entrepreneurs from indigenous peoples and local communities (IPLCs) have also had to adapt to the new trend.  Although many of them were already using e-commerce platforms and social media, the sudden closure of the physical spaces where they used to sell traditional knowledge-based goods and services, have forced them to make a heavy turn to online markets.  

Following up on a first webinar on “E-commerce and Intellectual Property for Indigenous Peoples and Local Community Entrepreneurs”, held in September this year, WIPO’s Traditional Knowledge Division organized a second webinar, this time in Spanish, entitled “Comercio Electrónico y Propiedad Intelectual para Emprendedores de Pueblos Indígenas y Comunidades Locales”.  The event was moderated by Mr. Q’’apaj Conde from the Secretariat of the Convention on Biological Diversity and former indigenous fellow of WIPO’s Traditional Knowledge Division. It gathered e-commerce experts and IPLC entrepreneurs of the Latin American region to share experiences and discuss the main intellectual property (IP) challenges that IPLC entrepreneurs face in e-commerce and social media, and to talk about the IP tools available to those who wish to engage in e-commerce, which can help overcome these challenges and actively promote their goods and services. 

“Social distancing has changed the behavior of consumers, making digital channels essential” said Juan Hoyos, Adviser, Sustainable and Inclusive Value Chains, Division of Enterprises and Institutions, International Trade Centre. “This is a fact that should invite us to rethink our businesses so that we have a more virtual presence”.

Nancy Vásquez, founder of the cooperative Aats Hilando Caminos in Mexico; Yessica Huenteman, founder of Taller Arterra Kutral in Chile; and Alexander Parra, manager of Artesanías de Colombia in Colombia shared their experiences entering the world of e-commerce and social media, pointing out the advantages and disadvantages that these pose for the promotion and protection of indigenous goods and services.

“We have learnt to use social media, we are researching about e-commerce and marketing, but a lot of the time we have this fear of what could happen if we start putting our products online”, shared Nancy.  This is why it is so important for her community of Santa María Tlahuitoltepec, Mixe to carefully consider how it should engage in e-commerce.

“When trying to register a domain name in mapuzungun, our language, we find out that this has already been registered by non-Mapuche companies”, said Yessica.  She added that many Mapuche artists, have gone through a similar experience when trying to register trademarks. “A big part of our mapuche spiritual symbols has been registered and its utilized commercially by non-Mapuche”.

On this point, Alexander recalled that in countries of the Andean Community, the IP legislation prevents the registration of trademarks containing indigenous names, denominations, words, letters, characters or signs without the authorization of their indigenous holders. “This is why, in Artesanías de Colombia, we recommend that there are agreements celebrated, that authorizations from indigenous communities are requested, that there is communication with the indigenous communities”.

“Using e-commerce allows us to expand our markets but also –as my fellow panelists have mentioned- it exposes us to the risk of being copied and to an increase of our competition”, recapped Gabriele Gagliani, a Lecturer from Bocconi University and Adjunct Professor at Case Western Reserve University. Gabriele shared examples of how IP tools could be used to tackle the issues raised.  The registration of trademarks accompanied by their wide diffusion online, the use of copyrights disclaimers on websites, and the insertion of visible watermarks and distinctive symbols on photos were a few of the examples presented.

To conclude, Gabriele stressed that, although IPLCs are now dealing with very complex IP challenges to guard their traditional knowledge online, “IP rights are one of the tools, a small piece of economic development, that could provide them protection”.

• View the webinar recording and access the presentations.
• Learn more about our Indigenous Entrepreneurship Program.
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