Summary of the Workshop

The Ministry of Economic Development (MED), Intellectual Property Policy group, hosted a full day workshop on the protection of traditional knowledge and traditional cultural expressions on Monday 3 April 2006. The World Intellectual Property Organisation (WIPO) established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). As part of its work in examining the interface between intellectual property (IP) and traditional knowledge (TK) the IGC is developing two sets of policy objectives and principles for the protection of TK and traditional cultural expressions (TCE). MED used the work of the IGC, in particular the development of draft Policy Objectives and Guiding Principles, as an opportunity to engage discussions with Māori and other public and private stakeholders on issues relating to the interface between IP and TK/TCE.

In hosting the workshop we had five objectives:

• The first was to inform stakeholders of the work of the IGC, particularly on the draft policy objectives and principles for the protection of TK and TCE, and also highlight the practical tools that have been developed.
• Second, we wanted to examine the application of the policy objectives and guiding principles in the New Zealand context.
• The third objective was to encourage and invite submissions on the draft policy objectives and guiding principles through an open ended commenting process.
• Fourth, we wanted to generate feedback and resources that can be fed into the IGC process and that can be used at the domestic level to guide policy development on the interface between intellectual property and traditional knowledge.
• The fifth objective was to provide a springboard to discuss related international processes that are also considering traditional knowledge issues.

The workshop brought together prominent speakers with expertise in a range of traditional knowledge related areas. The event attracted over 100 participants, which was significantly more than the attendance at the regional workshops the year before. The speakers and participants included Māori and non-Māori stakeholders, and came from the community, private and public sectors. The workshop provided an excellent opportunity for networking and free and frank exchanges of ideas.

The day started with a general overview of the history and work of WIPO and the IGC, as well as information on the Ministry of Economic Development's domestic work programme on the interface between intellectual property and traditional knowledge. Mr. Pushpendra Rai from WIPO attended the event and gave a brief presentation on WIPO; and Wend Wendland and Shakeel Bhatti provided an excellent introduction to the draft principles and objectives via video.

During the next morning session, local Māori lawyer Maui Solomon provided a critique of the policy objectives, guiding principles and substantive provisions in the New Zealand context and from a Māori perspective.

The afternoon presentations focused on specific issues relating to the protection of traditional knowledge, such as prior and informed consent, misappropriation and misuse, benefit-sharing, encouraging cultural creativity and innovation, and documentation and disclosure issues, and access to TK and TCE held in government archives. The final session provided an outline of the other international fora in which TK and TCE issues are currently being discussed.

Several key messages came out of the discussions:

• The draft policy objectives and guiding principles would seem to be helpful and a step in the right direction, as a resource for policy development at the national level and guide for the discussion at WIPO of the international dimension of traditional knowledge protection. Participants noted, however, that they do not address all the issues that are important from a Māori perspective, and many details that are key from an indigenous perspective are still to be addressed.
• Participants considered that information and consultation on future developments was important. Some asked that the Ministry come to their communities to discuss matters further, and we intend to do this. What this particular feedback suggests is that while the IGC has discussed the policy objectives and principles over a number of sessions, there is still work to do nationally.
• Participants thought there is a need to better define and understand the implications of certain key concepts such as misappropriation and misuse, prior informed consent, and benefit-sharing in order for Māori and other stakeholders to be able to appreciate the variety of options available for the protection of traditional knowledge.
• There are existing legal principles and mechanisms, both statutory and in common law, that can be used to address traditional knowledge issues at the intellectual property interface. It is important to understand how these can be applied to protect Māori traditional knowledge and what their limitations are in order to identify the potential areas of improvement and the issues that would require a non-intellectual property sui generis approach.
• The presenters noted that a number of the WIPO policy objectives and guiding principles are already in practice in New Zealand, but there is room for improvement of existing policies and practices. Access policies, documentation and disclosure of traditional knowledge, and the use of customary law in the protection of traditional knowledge were identified as areas in need of further work.
• Lastly, participants noted that while protecting traditional knowledge from misappropriation and misuse is important, other objectives should not be lost sight of. These include the promotion of creativity and innovation in the context of mātauranga Māori and finding modern applications for traditional knowledge. This aspect was thought to be important as it contributes to maintaining cultural identity and promoting intellectual and artistic cultural expression. There was also significant focus placed on the maintenance of the Māori institutions that transmit traditional knowledge between generations.

We wish to extend our most sincere gratitude to all the participants and speakers for their wonderful contributions to this enriching workshop. Thank you to those who have made submissions to MED on the draft Policy Objectives and Principles. The constructive feedback and comments we have received will assist us in the development of New Zealand's contributions to the IGC forum, and will guide our domestic policy development in this area.

We also would like to express a warm thank you to Kensington Swan for sponsoring the networking reception and to Gareth Farr, Hinewehi Mohi, Mahinarangi Tocker, Te Ahukaramū Charles Royal, King Sunshine, and Recloose for their fantastic musical contributions to this event. In light of the great turn up at the workshop, the quality of the discussions it generated, and most importantly the useful and productive feedback received, we think the workshop was a success.

The Intellectual Property Policy Group plans to hold similar workshops in the regions, so we invite you to keep an eye on our website for the next seminar near you. We have accepted invitations to present seminars to specific tribes and hapū and will be posting the information about these coming events on our website as dates and locations are confirmed.

By necessity, some of the elements of the regional workshops will be different from the one held on 3 April 2006. We are developing an intellectual property guide (IP Guide) which aims to assist Māori communities understand the risks and opportunities related to IP issues. We expect to have completed a very substantive draft of the IP Guide by the beginning of June and are keen to pilot its use within Māori communities. The regional workshops will therefore be more practically orientated and will focus on the use of the draft IP Guide as a key resource. The regional workshops will also provide an opportunity for the communities to discuss broader TK/IP issues, as well as provide us with feedback on the draft IP Guide.

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