Indigenous Cultural Heritage and Intellectual Property Rights : Learning from the New Zealand Experience?
Cultural property Indigenous peoples International trade Intellectual property Maori (New Zealand people) sähkökirjat
Springer
2014
EISBN 9783319029559
Foreword; Acknowledgements; Abbreviations; Contents; Chapter 1: Introduction; References; Chapter 2: Māori Culture in the Contemporary World; 2.1 Justifying Increased Rights; 2.1.1 Identity, Overall Well-Being and Socio-Economic Development; 2.1.2 The Treaty of Waitangi and Its Guarantees; (a) The Waitangi Tribunal; (b) Article 2; (c) Treaty Principles; (d) The Partnership; (e) The Treaty and Intangible Taonga; 2.2 The Use and Trade of Māori Culture; 2.2.1 Māori Culture in Modern-Day New Zealand; (a) From the Perspective of Māori; (b) From the Perspective of New Zealand as a Whole
(b) Collective and Certification Marks: Toi Iho(i) The Establishment of Toi Iho Māori Made; (ii) Toi Iho's Standards; (iii) Government Disinvestment: A New Beginning; 3.4.3 Geographical Indications; (a) GI Protection Under TRIPS; (b) GI Protection in New Zealand; (c) GIs for Indigenous Peoples: Ideological (Dis)connections?; (d) Practical Issues with Using GIs; (e) Negotiations for Stronger Protection in TRIPS; (f) GIs Compared to Certification Marks; (g) Summary; 3.4.4 Patent Law; (a) Difficulties in Using Patent Law for TK; (b) Specific Issues in New Zealand
(c) Exclusions from Patentability
(c) What Is Māori Consultation or Consent?(d) Is International Manufacture an Allowable Development?; (e) Summary; 2.2.4 Extrapolating What Is Needed; 2.3 Conclusions; References; Chapter 3: Intellectual Property and Other Intangibles; 3.1 The Limitations of the Western Concept of Property; 3.2 The Public Domain; 3.2.1 A Mismatch of Concepts; 3.2.2 A Dynamic or Viable Public Domain; 3.2.3 The Public Domain as Changeable; 3.2.4 Possible Solutions?; 3.3 Misunderstandings About Intellectual Property; 3.3.1 IP Can Be Used for Indigenous Cultural Heritage; 3.3.2 IP Is Not Non-cultural
2.2.2 Appropriation of Māori Culture in New Zealand(a) The Integration of Māori Culture into New Zealand Culture; (b) Freedom of Expression and Fundamental Rights; (c) Pre-determining Offence: Māori Representatives and Experts; (d) Can Māori Misappropriate Their Own Culture?; (i) UNDRIP: Collective Versus Individual Rights; (ii) A Responsibility of Māori Individuals?; (iii) Appropriation Between Communities; (e) Summary; 2.2.3 Issues Relating to Global Use of Māori Culture; (a) Difficulties in Control Internationally; (b) Derivation from TK or Taonga GRs
3.3.3 IP Is Not Inherently Evil 3.4 Intellectual Property and Indigenous Interests; 3.4.1 Copyright Law; (a) General Problems with Copyright Law; (b) The Use of Moral Rights; (c) Performers' Rights; (d) Commissioning Works; (e) Anonymous and Orphan Works; (f) International Human Rights Law; 3.4.2 Trade Marks Law; (a) Refusing and Revoking Trade Marks Offensive to Māori; (i) Trade Marks Māori Advisory Committee; (ii) The Prior Ad-Hoc Mechanism; (iii) Terminology and Interpretation; (iv) 1997 Māori Trade Marks Focus Group Report; (v) Limitations; (vi) Arguments Against the System
Now more than ever, indigenous peoples' interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples' interests. 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
(b) Collective and Certification Marks: Toi Iho(i) The Establishment of Toi Iho Māori Made; (ii) Toi Iho's Standards; (iii) Government Disinvestment: A New Beginning; 3.4.3 Geographical Indications; (a) GI Protection Under TRIPS; (b) GI Protection in New Zealand; (c) GIs for Indigenous Peoples: Ideological (Dis)connections?; (d) Practical Issues with Using GIs; (e) Negotiations for Stronger Protection in TRIPS; (f) GIs Compared to Certification Marks; (g) Summary; 3.4.4 Patent Law; (a) Difficulties in Using Patent Law for TK; (b) Specific Issues in New Zealand
(c) Exclusions from Patentability
(c) What Is Māori Consultation or Consent?(d) Is International Manufacture an Allowable Development?; (e) Summary; 2.2.4 Extrapolating What Is Needed; 2.3 Conclusions; References; Chapter 3: Intellectual Property and Other Intangibles; 3.1 The Limitations of the Western Concept of Property; 3.2 The Public Domain; 3.2.1 A Mismatch of Concepts; 3.2.2 A Dynamic or Viable Public Domain; 3.2.3 The Public Domain as Changeable; 3.2.4 Possible Solutions?; 3.3 Misunderstandings About Intellectual Property; 3.3.1 IP Can Be Used for Indigenous Cultural Heritage; 3.3.2 IP Is Not Non-cultural
2.2.2 Appropriation of Māori Culture in New Zealand(a) The Integration of Māori Culture into New Zealand Culture; (b) Freedom of Expression and Fundamental Rights; (c) Pre-determining Offence: Māori Representatives and Experts; (d) Can Māori Misappropriate Their Own Culture?; (i) UNDRIP: Collective Versus Individual Rights; (ii) A Responsibility of Māori Individuals?; (iii) Appropriation Between Communities; (e) Summary; 2.2.3 Issues Relating to Global Use of Māori Culture; (a) Difficulties in Control Internationally; (b) Derivation from TK or Taonga GRs
3.3.3 IP Is Not Inherently Evil 3.4 Intellectual Property and Indigenous Interests; 3.4.1 Copyright Law; (a) General Problems with Copyright Law; (b) The Use of Moral Rights; (c) Performers' Rights; (d) Commissioning Works; (e) Anonymous and Orphan Works; (f) International Human Rights Law; 3.4.2 Trade Marks Law; (a) Refusing and Revoking Trade Marks Offensive to Māori; (i) Trade Marks Māori Advisory Committee; (ii) The Prior Ad-Hoc Mechanism; (iii) Terminology and Interpretation; (iv) 1997 Māori Trade Marks Focus Group Report; (v) Limitations; (vi) Arguments Against the System
Now more than ever, indigenous peoples' interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples' interests. 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
