Intellectual Property Commercialisation and Protection of Mātauranga Māori in New Zealand Universities

Abstract

Without appropriate consideration for rights of Māori, universities, as gatekeepers of knowledge and information, can inadvertently become part of the wider misappropriation of mātauranga which is most notably documented in the Waitangi Tribunal's Wai 262 report. This paper argues that in commercialising IP rights arising out of university research, New Zealand universities have an obligation to respect and protect the interests of Māori in their mātauranga. The paper provides an insight into and analysis of the current commercialisation policies and practices of New Zealand universities as they relate to mātauranga Māori. It evaluates the performance of universities regarding their obligations towards Māori under international human rights law as well as New Zealand domestic law, particularly the Treaty of Waitangi 1840, in the IP commercialisation space.

Keywords: Intellectual property, commercialisation, IP commercialisation, university IP, indigenous rights, matauranga Maori, traditional knowledge, traditional cultural expressions, IP policy