A Practical Perspective - Presentation

Te kaitiakitanga o ngā taonga i tuku iho

Slide 1: What Are Taonga Māori?

All taonga inherited and conceived by Māori

Whakapapa (genealogy) is integral to the right of ownership and control of taonga.

Slide 2: Te Tiriti o Waitangi

Te Tiriti o Waitangi refers to "taonga" in article 2:

te tino rangatiratanga o o rātou whenua, o rātou kāinga me o rātou taonga katoa

the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess

Slide 3: UN Definitions

• Folklore and Crafts
• Biodiversity
• Indigenous Knowledge

Slide 4: New Zealand Model

• How did it come about?
• Issues for Māori
• How does this address concerns?
• What it doesn't do
• Protection of CIPR for Māori
• Celebrate our identity and uniqueness

Slide 5: Review of Legislation

• Reform of Intellectual Property Rights Legislation 1994
• Ministry of Commerce Consultation
• Focus Group established to progress issues
• 1997 discussion document and consultation
• Changes implemented

Slide 6: Issues for Māori [1]

• Dilution of Tikanga
• Misuse of Taonga and Information
• Exploitation/Fake reproduction
• Threat to ownership and Control
• Depreciation of Taonga Māori

Slide 7: Issues for Māori [2]

• Inappropriate access and use of our images, language, designs
• Consultation and permission of Māori
• Ability to restrict use - traditional domain
• Commercial use = commercial benefit
• Māori monopoly or shared arrangements

Slide 8: How Does It Address Concerns

• Provides guidelines for TM
• Supportive and Informative process
• Assessment by Māori expert panel
• Legislated process
• Recognition of Māori concerns in TM
• International Indigenous Precedent

Slide 9: What It Doesn't Do

• Limited to New Zealand process
• Not a policing agency
• Applies to those who participate
• No guarantee inappropriate use
• Not binding - advisory only
• Doesn't affect TOW claims
• Cultural origins are not part of the assessment process

Slide 10: Māori Trademarks Advisory Committee

• Chair: Karen Waaka
• Mauriora Kingi
• Dr Deidre Brown
• Associate Prof. Pare Keiha
• Tui Te Hau

Slide 11: Role of MTAC

Advise the Commissioner whether the proposed use or registration of a trade mark that is, or appears to be a derivative of a Māori sign, including text and imagery, is or is likely to be offensive.

Slide 12: Function

• Provide advice as to the likelihood of offensiveness to Māori
• Provide advice on key parties that applicants may consult regarding potential offensiveness of particular applications
• Help establish guidelines to assist IPONZ
• Other advice to Commissioner

Slide 13: Work to Date

• From 20 August 2003 to 11 May 2004, the committee met 4 times.
• The Commissioner identified 333 trade marks (in 482 classes) which contained Māori text and/or imagery.
• The Committee assessed 333 trade marks and considered that 8 needed more information or were likely to be offensive.
• From November 2004 to September 2005 the committee has met 5 times.
• 244 trademarks on 692 classes were considered by the committee. No trade marks were considered offensive outright.

Slide 14: What Is Offensive?

• Inappropriate or bad taste
• Offensiveness :
  • Reference to tupuna (ancestor) names
  • Use or category that significantly conflicts/compromises cultural integrity
  • Use or category related to alcohol, bio-medical products.

www.iponz.govt.nz

Slide 15: Trademarks Precedent

• Continual Learning
• Ongoing Development
• Celebrate our Uniqueness
• Generate Unique New Zealand identity globally

Slide 16: Way Forward for Māori

• Additional work at other levels
• By Iwi and hapū to determine boundaries
• Other IP legislation to develop models
• International Arrangements

Slide 17: [End]

Ko te waka eke noa, ko te waka mātauranga.

The vehicle to empower our people is knowledge.

This site uses cookies to track and analyse usage.