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• Intellectual Property Policy

• Traditional Knowledge

• Work Programme
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• Treaty Claim Wai 262
• IP Guide for Māori
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The relationship between intellectual property policy and legislation and the traditional knowledge of indigenous and local communities is an issue that the Ministry has been monitoring and responding to (in a limited way) for a number of years.

Changes were made, for example, to New Zealand's trade marks legislation to guard against the registration of trade marks based on Māori text and imagery (and other "signs") where the registration or use of the mark is likely to be offensive to a significant section of the community, including Māori. Cabinet has agreed to make similar changes to the Patents Act.

The Ministry is also a named department in the Wai 262 Treaty of Waitangi claim, which raises concerns about "cultural and intellectual property". At the international level, New Zealand has actively participated in discussions of the World Intellectual Property Organisation, and other forums, about the protection of traditional knowledge.

Our domestic and international experience suggests that further work needs to be done to address the concerns raised by Māori, and other indigenous peoples about the impact of intellectual property laws on traditional knowledge both in terms of cultural preservation and economic development opportunities.

As a logical extension of its work on trade marks and patents, the Intellectual Property Group of the Ministry has developed a three-staged work programme to examine more closely the relationship between intellectual property rights and systems and traditional knowledge.

The work will be undertaken in close collaboration with Te Puni Kōkiri and other agencies with an interest in these issues (e.g. Ministry for Culture and Heritage, Creative New Zealand, Department of Conservation, Ministry for the Environment, Ministry of Foreign Affairs and Trade).

• The Intellectual Property and Traditional Knowledge Work Programme
  There are three stages to the work programme: 1. Capacity building, engagement and information sharing; 2. Problem definition; and 3. Development of options and consultation.
• Traditional Knowledge Seminar Series
  The seminar series aims to raise awareness about issues around the interface between intellectual property and traditional knowledge.
• Information Sheet: Treaty of Waitangi Claim Wai 262
  Wai 262 is a Treaty of Waitangi claim brought against the New Zealand Crown in 1991 by the members of six iwi. It is generally known as the "flora and fauna claim", but its scope is significantly wider.
• Te Mana Taumaru Mātauranga: Intellectual Property Guide for Māori Organisations and Communities
  The guide includes information on each type of IP right, a selection of hypothetical scenarios, and practical tools that may assist whanau, hapu, iwi, commercial entities or others who may wish to formally protect and enforce their IP rights.
• Fact Sheets on International Bodies Considering Traditional Knowledge
  The Intellectual Property and Traditional Knowledge Work Programme, Stage One, Two and Three.
• World Intellectual Property Organisation
  The World Intellectual Property Organisation ("WIPO") has established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ("the IGC").