Minister's Foreword
Intellectual property rights are designed to foster economic growth for all New Zealanders. They are economic assets for businesses involved in the domestic and international trade of goods and services. Intellectual property rights protect creative efforts while sharing them with others, giving innovators and creators the opportunity to make a return on their ideas and creativity.
Like intellectual property rights, the knowledge, innovations and practices of Māori also have economic value (real and potential). One way in which our Māori communities and organisations can realise the economic potential of such knowledge, innovations and practices is through the use of intellectual property rights. In doing so intellectual property rights can have a role in the protection and promotion of mātauranga Māori.
While aspects of mātauranga Māori may have economic value, cultural and spiritual values associated with mātauranga Māori may make it inappropriate to seek intellectual property rights. This may be particularly inappropriate in circumstances where rights are sought and/or obtained by unauthorised parties. Many readers will be aware of the concerns regarding misappropriation and misuse of mātauranga Māori in the context of the Waitangi Tribunal claim WAI 262 (known as the "flora and fauna claim"). The Government is mindful of the relationship between this claim and intellectual property policy and legislation and work on these issues is ongoing.
The purpose of this IP Guide is to assist Māori communities and organisations to gain an understanding of intellectual property rights and to highlight some of the risks, limits and potential benefits of certain intellectual property rights to the preservation, protection and promotion of mātauranga Māori.
Striking a balance between the objectives of the intellectual property legislation and Māori needs is where the substantial amount of intellectual property policy work lies, moving forward. Respect is important; respect for intellectual property rights and for the cultural heritage of others. I hope this guide fosters respect for both.
Judith Tizard
Associate Minister of Commerce
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