Our Operating Guidelines
**Please Note: Because of current funding limitations, we are not currently accepting new applications from individual inventors. We are currently concentrating on working with Native American communities around the country to provide resources at the local level. Thank you for your understanding. **
NAIPEC OPERATING GUIDELINES
The NATIVE AMERICAN INTELLECTUAL PROPERTY COUNCIL (NAIPEC) is a non-profit organization whose sole purpose is to provide direct help and assistance to Native American inventors.
NAIPEC Operating Guidelines
NAIPEC operates as a Non-Profit organization assisting Native Tribes, Tribal Businesses and Organization and Individual Native Inventors, breathe life into new opportunity and create the environment for innovation and economic growth.
We manage and provide a network of resources to allow us to provide this assistance, and in return ask certain things from the parties we work with.
General Operating Principles
NAIPEC asks that all applicants for assistance from NAIPEC pledge, and in the case of the development of a for-profit enterprise arising from the invention that NAIPEC has helped shepherd to market, formalize, an agreement to return a portion of the financial gain from any business arising from the invention, back to a nominated, and state or federally recognized Tribe. This return should be in the order of between 15% – 25% of net profits from the business enterprise or individual gain.
Tribes or Tribal Owned Businesses
NAIPEC similarly seeks assurances from Tribes or Tribally Owned Businesses (those entities owned solely or in part by a recognized Tribal Government or Entity) to pledge an equivalent amount (15% – 25%) of any net return back to the Tribe for the benefit of the entire Tribal community. This is seen as above and beyond any inherent benefit of tax revenues or employment arising from the establishment or growth of any new business.
In the case of a business entity owned (in majority, or solely) by Native Individuals or interests, NAIPEC asks for assurances and pledges as as described above, in return for assistance.
New Business Development
In those cases where a new business entity, or subsidiary business entity is formed to develop a for-profit business concerned with the manufacturing, marketing, licensing or other business operation predicated by the new invention, process or other protected item, NAIPEC may ask, in return for ongoing business assistance, either at the development or business operation phase, that a portion of that business entity be seeded to NAIPEC in the form of an equity holding in that business. NAIPEC will also have the right to nominate a member of the Executive Committee of the Board of that entity, and will be treated as a shareholder in that business. This equity portion shall not exceed 2% – 5%, and provisions may be agreed that allow the majority shareholder in that business to buy-back this equity portion, typically within a ten-year time-frame.
NAIPEC assists Tribes in many different ways in addition to providing resources for the protection of Intellectual Property (IP) or the formation and operation of for-profit businesses.
These resources include consulting help on the long-term management of Tribal IP; non-legal and legal assistance in individual cases where the IP of a Tribe may have been infringed; Business Development, Research and Marketing consulting on a wide variety of topics where IP has a role.
NAIPEC asks that Tribes, for whom they provide assistance, consider becoming members of the organization for a period of no less than ten years.
More information on the benefits of membership of NAIPEC can be found in our NAIPEC Membership Overview.