What's happening in IP Policy?
As a logical extension of its work on trade marks and patents, the Ministry of Economic Development has developed a three-staged work programme to examine more closely the relationship between IP rights and systems and traditional knowledge (TK). The programme is summarised in the diagram on page 52.
There are three stages to the work programme:
- Capacity building, engagement and information sharing.
- Problem definition (where we seek to identify what problems exist in Aotearoa-New Zealand surrounding the relationship between IP and traditional knowledge).
- Development of options and consultation on these options, which will be followed by policy recommendations to Government.
Stage one
The objective of the various Stage One projects and initiatives within this work programme is to build the capacity of Māori so they understand the opportunities and risks the IP system provides to Mātauranga Māori and its holders. At the same time, Stage One is also designed to increase our own awareness within the Ministry of the implications the IP rights system may have for traditional knowledge and its holders. We also hope to gain insight as to the wider issues that surround traditional knowledge.
This Guide is one of the key initiatives under Stage One of the work programme.
Stage Two
The second stage of this work programme involves identifying any problems associated with the relationship between IP and traditional knowledge in New Zealand.
Stage Two will begin with a discussion document. The document will include some background to traditional knowledge and IP-related issues, and will seek submissions from interested parties on problems they have faced, or are aware of in this context. One of the objectives of Stage Two of our work programme is the creation of a formal problem definition to, in turn, provide a framework for the development of solutions to address these issues.
The Ministry would also be keen to receive your feedback on the direction Aotearoa-New Zealand should be taking in the international arena – where these issues are most frequently discussed, concerning IP rights systems and the cross-over these have with traditional knowledge.
Our proposed discussion document will also consider related issues and highlight any processes currently in place to deal with them. As well as the document, there will be community-based consultations where communities are interested and think they would be useful.
Stage Three
Stage Three of our work programme will involve the development of options and possible solutions to address some of the issues that have become apparent in terms of traditional knowledge and Mātauranga Māori and the relationship this has with IP rights systems. These will be based on the information we receive from your written submissions, feedback generally from interested parties in response to our discussion document, and to any community-based consultations we may be invited to attend.
We anticipate that the issues raised in submissions are very likely to cut across a range of policy areas including the following:
- intellectual property;
- cultural heritage policy;
- conservation and environmental policy;
- access to genetic resources and benefit sharing; as well as
- international standards on each of these matters.
So we hope to work closely with other agencies to ensure that the solutions we develop will have as broad a range of input as possible.
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