Cultural and Intellectual Property Rights
Indigenous cultural heritage and intellectual property rights : learning from the New Zealand experience? by Jessica Christine Lai.
"This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Mori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Mori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Mori and the British Crown in 1840." (Syndetics summary)
Māori Intellectual Property
Ko Aotearoa tēnei : te taumata tuarua : a report into claims concerning New Zealand law and policy affecting Māori culture and identity.
Contents : v. 1. Introduction -- ch. 1. Taonga works and Intellectual Property -- ch. 2. Genetic and biological resources of Taonga Species -- ch. 3. Relationship with the environment -- ch. 4. Taonga and the Conservation Estate -- v. 2. ch. 5. Te Reo Māori -- ch. 6. When the Crown controls Mātauranga Māori -- ch. 7. Rongoā Māori -- ch. 8. The making of international instruments.
Mana tūturu : Māori treasures and intellectual property rights, by Barry Barclay.
"Documentary filmmaker and writer Barclay writes here about law in a very general sense not limited to book law or judge law, about Indigenous spirituality and intellectual treasures, and about the arts and artists. His sections address Indigenous rights over native flora and fauna, how the Maori phrase mana tuturu, guardianship, is used in a film archive deposit agreement, and arts and law as aspects of any particular culture but also of human society in general. There is no index. (Annotation courtesy of Syndetics)
Declaration on the Rights of Indigenous Peoples : consultation with the Tangata Whenua
A consultative document seeking views on the draft Universal Declaration on the Rights of Indigenous Peoples and the International Labour Organisation Convention number 169.
Matauranga Maori and taonga : the nature and extent of Treaty rights held by iwi and hapu in indigenous flora and fauna, cultural heritage objects, valued traditional knowledge, by David Williams.
This report was commissioned by the Waitangi Tribunal for the indigenous flora and fauna claim (Wai 262).
General Cultural and Intellectual Property
Treasured possessions : indigenous interventions into cultural and intellectual property, by Haidy Geismar.
Based around Vanuatu and New Zealand, the author examines the different paths each have used to assert intellectual and cultural property rights. The historical and legal contexts are first explored. Cultural intellectual property is a hot topic in asserting indigenous sovereignty, and cultural survival.
Culture, rights and cultural rights : perspectives from the South Pacific : the proceedings of a colloquium organised by the Unesco Office for Pacific Member States and the Cente for New Zealand Jurisprudence (School of Law, University of Waikato, New Zealand) October 1998, edited by Margaret Wilson and Paul Hunt.
Intellectual property in New Zealand, by Susy Frankel.
The second edition updating this general legal textbook.
Cultural and intellectual property rights : a series of readers examining critical issues in contemporary Māori society, economics, politics & colonisation.
Editors: Leonie Pihama, Cherryl Waerea-i-te-rangi Smith.
Indigenous traditions and ecology : the interbeing of cosmology and community, edited John A. Grim
Includes a chapter by New Zealand author Manuka Henare.
James & Wells intellectual property law in New Zealand, by Ian Finch, general editor. (2007)
Introduction to intellectual property law in New Zealand -- Patents -- Plant variety rights -- Copyright -- Layout design -- Design registrations -- Trade marks -- Domain names and other issues in electronic commerce -- Passing off -- The Fair Trading Act 1986 -- Border protection.
Maori and trade marks : a discussion paper, Maori Trade Marks Focus Group.
Reports on the deliberations of the Focus Group relating to the registration, as trade marks, of Maori words, symbols, sounds or smells.
Note: Some articles are linked to the full text online, others link to the catalogue record for the entire magazine. Where links are to full text, we've noted this.
Bennion, Tom. Editorial : United Nations Declaration on the Rights of Indigenous Peoples, in, Māori law review ; (February 2008) pp. 1-4
There are four articles – 26 (lands and resources), 28 (redress) 19 and 32 (right of veto over state – which are “fundamentally incompatible with New Zealand’s constitutional and legal arrangements, the Treaty of Waitangi and the principle of governing for the good of our citizens”. These form the basis of the New Zealand government’s rejection of the declaration.
- Coleman, Mereana. Issues in the information age : the Challenge for the Information Professions Conference, Waiparapara Marae, Tokomaru Bay, 16-19 June, 2000, in, Historical review ; vol. 50, no. 1 (May 2002) pp 47-51.
- Garrity, Brian. Conflict between Māori and western concepts of intellectual property, in, Auckland University Law Review ; vol. 8, no. 4 (1999) p. 1193
- Graham, Bella Te Aku. Trafficking authenticity : aspects of non-Māori use of Māori cultural and intellectual property, in, New Zealand museums journal ; vol. 25, no. 1 (Winter, 1995) p. 31.
- Jackson, Moana. The definitions of, and dangers to, the concept of indigenous intellectual property, in, Kahungunu iwi newspaper; issue 7, (1993) pp. 6-7, ; issue 8 (1993) p. 19
- Jackson, Moana. Intellectual property rights and implications for Māori : an interview, in, Cultural and intellectual property rights : economics, politics & colonisation. Vol. II. IRI (University of Auckland), 1997.
- Jahnke, Robert and Huia Tomlins Jahnke. The politics of Māori image and design, in, He pūkenga kōrero : a journal of Māori studies ; Vol. 7, no. 1 (Sum2003) pp. 5-31.
- Kapai, Tommy. Maori names and brands belong to…., in, Bay of Plenty Times, 4th June 2007.
- Lenihan, S Te Marino. Whaia kia tata, whakamaua kia tina : a time for change : intellectual property law and Māori, in, Auckland University law review ; 1996, vol. 8, no.1 (1996) p. 211
- Lord, Hine. Tino rangatiratanga and trade related intellectual property rights, in, He pūkenga kōrero : a journal of Māori studies ; vol. 4, no. 2 (Autumn 1999) p. 34
- Lucas, Rebecca and Juliet Robinson. The Copyright Act and Māori concerns, in, New Zealand archivist ; vol. 10, no.1, (Mar 1999) p. 7
- Mana Taiao Ltd. Intellectual property : achieving competitive advantage for Maori business branding.
- McCabe, Philip and Brent Porter. Of lore, law and intellectual property, in, New Zealand intellectual property journal ; vol. 1, no. 4 (May 1996) p. 100
- Mead, Aroha Te Pareake. Cultural and intellectual property rights of indigenous peoples of the Pacific, in, Cultural and intellectual property rights : economics, politics & colonisation. Vol. II. IRI (University of Auckland), 1997.
- Mead, Aroha te Pareake…Legal pluralism & the politics of Māori image and design, in, He pūkenga kōrero : a journal of Māori studies ; Vol. 7, no, 1 (Sum 2003) pp. 34-37.
- Mead, Aroha Te Pareake. The misappropriation of indigenous knowledge : the next wave of colonization.
- Smith, Alastair G. Fishing with new nets : Māori internet information resources and implications of the internet for indigenous peoples.
- Smith, Graham Hingangaroa. Controlling knowledge : the implications of cultura and intellectual property rights : and interview, in, Cultural and intellectual property rights : economics, politics & colonisation. Vol. II. IRI (University of Auckland), 1997.
- Smith, Huhana. International perspectives and the protection of Māori cultural heritage in Aotearoa, in, He pūkenga kōrero : a journal of Māori studies ; vol. 4, no. 2 (Autumn 1999) p. 49
- Solomon, Maui. Intellectual property rights and indigenous peoples rights and obligations, in, Motion magazine ; 22 April 2001.
- Solomon, Maui. Understanding indigenous cultural and intellectual property rights : implications for environmental risk management.
- Sullivan, Robert. Indigenous cultural and intellectual property rights
- Sullivan, Robert. Māori, the internet and intellectual property, in, Library life ; no. 249 (September 2000) p. 24
More on WAI 262
- Dengate-Thrush, Peter. Wai-262 : New Zealand's indigenous flora and fauna claim, in, New Zealand intellectual property journal ; vol.1, no. 12 (May 1998) p.303
- Jackson, Sydney. Undisturbed and exclusive possession of the land, estates and forests : the strength in it: an interview with Sydney Jackson, in, Motion magazine ; 22 April 2001.
- Knight, Richard. Treaty disputes test new claims, in, The New Zealand herald (16 September 1997) p. A11
- Mead, Aroha. Resisting the gene raiders.
- Solomon, Maui. Intellectual property rights and indigenous peoples rights and obligations, in, Motion magazine (22 April 2001)
- Solomon, Maui. A long wait for justice, in, Mana ;,no. 77 (Aug/Sep 2007) p. 60
- Solomon, Maui. The Wai 262 claim and six Maori tribes : flora and fauna and cultural and intellectual heritage rights: an interview with Maui Solomon, in, Motion magazine, 22 April 2001.
- Tuffery, Lynell. The Wai 262 claim : what happens next?, in, NZbio report, (Sept/Oct 2006) p. 14
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