The Intellectual Property and Traditional Knowledge Work Programme
Contents
There are three stages to the work programme:
- Capacity building, engagement and information sharing;
- Problem definition (what problems exist in New Zealand surrounding the relationship between Intellectual Property and Traditional Knowledge?); and
- Development of options and consultation (to be followed by the standard policy process).
Stage One
The object of stage one projects is to build the capacity of Māori communities or organisations (whether they be whānau, hapū, iwi, commercial entities or others) to understand the opportunities and risks that the Intellectual Property system provides to Traditional Knowledge. At the same time it is also designed to raise the awareness of officials of the way in which the Intellectual Property system may impact on Traditional Knowledge, and the wider non-Intellectual Property issues surrounding Traditional Knowledge. The following projects have been identified:
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.
→ Te Mana Taumaru Mātauranga: Intellectual Property Guide for Māori Organisations and Communities
International fact sheets: a series of fact sheets which outline the work being undertaken in a range of international fora on the issue of Intellectual Property and Traditional Knowledge.
→ Fact Sheets on International Bodies Considering Traditional Knowledge
Seminars and discussion groups: a series of informal seminars for any interested persons (government and non-government) on topics related to Intellectual Property and Traditional Knowledge. Guest speakers will be invited to present on a chosen topic followed by open discussion.
→ Seminar Series
Economic study: the Ministry will commission a study on the economic development potential of Traditional Knowledge for Māori. Part of the study will focus on indigenous branding.
Other studies: a number of other studies may be commissioned including research on pre-existing models used by Māori to organise, protect and manage Traditional Knowledge, and exploring the application or relevance of these traditional models in contemporary circumstances.
Trialling the WIPO toolkit for the documentation of Traditional Knowledge: the toolkit provides practical information on the Intellectual Property aspects of documentation of Traditional Knowledge, including the role that documentation can play with the creation or definition of Intellectual Property rights, and the preservation of Traditional Knowledge and its wider dissemination to members of traditional or indigenous communities to which it belongs. It also draws attention to the risks of documentation.
Consideration of voluntary disclosure of the origin of genetic resources and associated Traditional Knowledge in patent applications.
Intellectual Property/Traditional Knowledge workshops: to be held with interested Māori groups using the above Intellectual Property guide as a resource (a number of iwi organisations have already approached the Ministry asking for workshops of this sort). A two-part format is envisaged to enable the Ministry (and other relevant officials) and participants to exchange information and perspectives. The workshops would not constitute consultation but would build capacity and establish relationships.
Intellectual Property/Traditional Knowledge national symposium: bringing together a range of national and international speakers on topics related to Intellectual Property and Traditional Knowledge.
Stage Two
The second stage of the work programme will involve identifying any problems associated with the Intellectual Property/Traditional Knowledge interface in the New Zealand context. Stage two will, therefore, begin with the development and release of a discussion document providing some background to Traditional Knowledge and Intellectual Property issues and seeking submissions on potential problems and a problem definition. Feedback would also be sought on the appropriate policy process to address issues identified and the direction New Zealand should be taking in international processes concerning Intellectual Property and Traditional Knowledge. The discussion document would also highlight related non-Intellectual Property issues and any processes currently in place to deal with them. Release of the document would be accompanied with face to face consultations as appropriate.
Stage Three
Stage three will involve the identification of a problem definition and development of a menu of options to address Traditional Knowledge issues, based on submissions and information obtained to date. The issues raised in submissions are very likely to straddle a range of policy areas including Intellectual Property, cultural heritage policy, conservation and environmental concerns, access to genetic resources and benefit sharing and international standards on these matters. We would encourage an interdepartmental and across-government response. Consultation on the draft problem definition and options would follow in the form of further discussion materials or face to face engagement as required. Policy recommendations would follow.
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