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Launch of Intellectual Property Guide for Maori

Hon. Judith Tizard
Launch of Intellectual Property Guide for Maori

Speech to mark launch of IP Guide for Maori, Parliament Buildings, Wellington

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E ngā iwi, e ngā waka, e ngā mana, e ngā reo, e ngā hau e wha, e ngā rangatira mā, Tēnā koutou, Tēnā koutou, Tēnā koutou katoa,

I would like to start by welcoming the artists, creators, and people who are the holders of traditional and contemporary knowledge in many forms, and who have participated in developing the programme we are launching this evening. Many people put in their own time to ensure it is valuable and lasting, and I would like to thank them for that.

I would also like to thank the Ministry of Economic Development's Intellectual Property team, past and present, particularly Erica Gregory and Ana Parkinson, whose hard work was critical in getting the programme this far.

I would also like to thank Moana Maniapoto for performing at this event. I'm also the Associate Minister for Arts, Culture and Heritage, and wearing my arts hat I could regale you at length with the growth that the New Zealand music industry has achieved over the last 8 years. I won't, but if you don't know come and see me later, and I'll give you a list of great Kiwi musicians you should go home and listen to. One of those is Moana Maniapoto.

We are here tonight to mark the publication of Te Mana Taumaru Mātauranga. This guide is for Maori individuals, organisations and communities to learn more about the Intellectual Property system, and what it can do for their cultural taonga, both contemporary and long standing. It constitutes a significant milestone in the Government's Traditional Knowledge Work Programme in that it makes clear what IP is and how it differs from traditional knowledge.

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This Labour-led government recognises that Maori culture is at the core of New Zealand culture and is a vital part of what makes New Zealand a unique and remarkable nation to live in.

The knowledge, innovations, and practices of Maori are integral to that cultural value, which is obvious. What is often less obvious is that they can also have significant economic value. One way in which this economic potential can be realised is through sound use of intellectual property rights.

Intellectual property rights are designed to build economic growth. They protect the creative efforts while sharing them with others.

Building a greater understanding amongst Maori of both the opportunities and the risks of intellectual property rights, particularly in relation to protecting their traditional knowledge, is at the heart of this programme.

I use the term traditional knowledge to mean the significant knowledge that is held by all indigenous and local communities in Aotearoa.

Traditional knowledge is a term used worldwide to refer to knowledge belonging to indigenous communities that is based in their customs and traditions and is transmitted from generation to generation.

The word traditional does not necessarily mean old or unscientific; it can be new knowledge that is generated when a community is faced with new realities. Most important is that the knowledge is preserved and transmitted between generations, is linked to an indigenous or local community through a sense of custodianship or cultural responsibility, and is identified by the community as being an integral part of their culture.

There are numerous sources of traditional knowledge in New Zealand, with Māori communities being the most significant holders of indigenous traditional knowledge. But we mustn't forget that traditional knowledge and traditional cultural expressions can come from other sectors of our society - local migrant communities from the Pacific Islands, India, Asia, Africa and other regions. I even hold traditional knowledge that was passed on to me by my ancestors, who heralded from a long line of Scots and English people who brought their values, beliefs and practices to New Zealand.

So how did I come to be launching this work programme?

I asked for this portfolio in 2002, after 3 years as Associate Minister of Arts, Culture and Heritage, where I had become increasingly frustrated by the lack of coordination between the cultural and economic work being done to encourage New Zealanders to see themselves as creative in every aspect of their lives, work, and communities.

I had also picked up on real concerns both here and throughout the South Pacific about the lack of local and international protection for traditional knowledge and traditional cultural expressions.

Since then, the main aim of the programme has been to update the laws relating to Intellectual Property. We have been steadily working on this. Since 1999 we have reviewed, updated, or initiated the:
. Trademarks Act 2002;
. Patents Amendment Act 2002
. Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003
. Trademarks Amendments Act 2003
. Copyright Amendment Act 2005
. Trademarks Amendment Act 2005
. Geographical Indications (Wine and Spirits) Registration Act 2006

In doing this we have sought to build relationships with and engage the many and various holders of Maori traditional knowledge and cultural expression, in order to gain a better understanding of the policy issues that need to be addressed.

I attended a conference pf Pacific Arts Ministers in New Caledonia in 2002, where the work of organisations like Te Waka Toi and Creative New Zealand, and of individuals, including Elizabeth Ellis, meant that New Zealand was able to be the leaders of this discussion.

Locally
As you will well know, these issues are very much alive at the moment in New Zealand, in the Pacific Islands Region, and everywhere indigenous and local communities are trying hard to preserve, protect and promote their culture in ways that respect and maintain its integrity and in accordance with their customary values.

Many processes and initiatives, like WAI 262, the strength of Maori Television, access to better funding through Creative New Zealand, Te Mangai Paho and the Maori Language Commission, to name just a few, have meant that this issue has been kept at the forefront of people's minds, and this work programme is an important part of the Government's response to their concerns.

Globally
These issues also have a significant international dimension as a lot of misappropriation and misuse of traditional knowledge and traditional cultural expressions, in particular of Māori cultural taonga, occurs overseas. You might recall:
 Jean Paul Gaultier's use of ta moko and Māori symbolism in a recent fashion show
 the French security company that branded its business by calling it Māori Security
 the TV ad a few years back from Fiat, which showed a group of women performing the Haka.

In the absence of a formal international system of protection against such misappropriation and misuse of, the government's approach has been to appeal to the good faith and ethics of these businesses. We have sought to encourage them to appropriately consult with the holders of the traditional knowledge they wish to use.

I have personally written letters to such companies encouraging them to take a more respectful approach and requesting that any use of cultural taonga they may wish to make, outside of their cultural context, be done with the consent of the holders of those taonga, in line with the customary protocols and values that underpin them.

This approach has had some success but is reactive, after the fact, and requires dealing with the issues often in the absence of any supporting policies. We need to develop and encourage better, more respectful, practices in order to prevent future misappropriations.

There is a clear need to address these issues both domestically and internationally, through the development of new, robust and comprehensive policy. That is the purpose of the Traditional Knowledge Work Programme, the seemingly endless WIPO meeting in Geneva, and the other locations where these issues are being discussed.

Striking a balance between the objectives of the intellectual property legislation and Maori needs is where the substantial amount of IP Policy work lies, moving forward. Respect is important, for both intellectual property rights, and for the cultural heritage of all people.

The guide we are launching tonight, as part of that programme will, I hope, foster respect for both of those things, as well as fostering understanding.

To sum up, the Traditional Knowledge Work Programme will move into its second stage next year. The korero with you will continue - your ongoing involvement in the programme will be essential in developing solutions that fit our context and will give traditional knowledge holders the means to protect, preserve and safely promote their cultural taonga.

I also look forward to the Waitangi Tribunal's deliberation on the WAI 262 claim.

Thank you for joining me here tonight to officially mark this programme.

ENDS

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