Traditional Knowledge Protection and Digitization: A Critical Decolonial Discourse Analysis

Abstract

Trade treaties and legal agreements generally left Indigenous peoples and colonized communities out of negotiations that directly impacted them. Using Critical Discourse Analysis, informed by decolonial thinking and Nishnaabeg epistemology, this research study analyzed the language of five public documents, published by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), surrounding the protection of Traditional Knowledge (TK) through the sui generis legal figure and its connection to the development of digitization TK. As TK is largely uncommodifiable, the ability to identify and protect TK through Intellectual Property Rights within the WIPO and the WTO is encumbered. The research analyzed and explored how language and knowledge shape policy and ideology against historically marginalized people and communities through discourse enacted by the WIPO and the WTO.