Indigenous Cultural Heritage and Intellectual Property by Jessica Christine Lai

By Jessica Christine Lai

Now greater than ever, indigenous peoples’ pursuits of their cultural historical past are within the highlight. but, there's little or no literature that comprehensively discusses how latest legislation can and can't be used to handle indigenous peoples’ pursuits. This booklet assesses how intangible elements of indigenous cultural historical past (and the tangible gadgets that carry them) should be secure, in the realm of a wide variety of current felony orders, together with highbrow estate and comparable rights, client safety legislations, universal legislations and equitable doctrines, and human rights. It does so by means of targeting the hot Zealand Māori. The publication additionally seems to be to the longer term, analysing the long-awaited Wai 262 document, published in New Zealand through the Waitangi Tribunal in accordance with allegations that the govt. had failed in its accountability to make sure that the Māori preserve chieftainship over their tangible and intangible treasures, as required through the Treaty of Waitangi, signed among the Māori and the British Crown in 1840.

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31 Ibid. 32 Wereta and Bishop (2006), p. 2. 38 Critics have argued that Ma¯ori (and indigenous peoples generally) want the best of both worlds—protectionism and commercial exploitation—which are incompatible. ”40 In summary, the dilution of Ma¯ori culture, through the continual appropriation and/or disrespect for tikanga Ma¯ori [Ma¯ori customary law], potentially weakens the cultural identity of Ma¯ori and impacts negatively on their overall well-being. 42 Therefore, it is argued here that it is important to allow Ma¯ori to regain, maintain, develop and control their connection with their cultural heritage, so that they retain a greater sense of identity and social cohesiveness.

171 Johnston (2010) and X (2010). 172 See Graber (2008), pp. 115–117. 173 See also Lai (2013). 170 34 2 Ma¯ori Culture in the Contemporary World to be weighed against, not only the interests of the greater public in the culture itself, but also the human rights of both Ma¯ori and non-Ma¯ori alike. (c) Pre-determining Offence: Ma¯ori Representatives and “Experts” As an outsider, it is difficult to gauge whether appropriation will or will not cause offence. 174 The outfit had previously been shown at a Pacific fashion show and, when worn for the competition, was found to showcase “rich Kiwi Indian culture”.

See Te Puni Ko¯kiri (2010), p. 7. 44 New Zealand Ma¯ori Council v Attorney General [1994] 1 NZLR 513, 516 Lord Woolf (PC), which stated that the “Treaty records an agreement executed by the Crown and Ma¯ori, which over 150 years later is of the greatest constitutional importance to New Zealand”. The history of the Treaty has been outlined elsewhere and need not be repeated here; Orange (1987). 45 For a brief discussion of the differences, see Austin (2003–2004), pp. 342–344. 46 H Smith (2003), p.

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