Third-Party Trade Marks as a Violation of Indigenous Cultural Property: A New Statutory Safeguard
Journal of World Intellectual Property, p. 83, 2005
16 Pages Posted: 12 Jun 2011
Date Written: 2005
This article discusses the New Zealand Trade Marks Act 2002. The statute provides a mechanism by which interests of sections of the community, particularly Maori (the indigenous population of New Zealand) can be taken into account within the framework of the trade mark registration process. This provision is important both in New Zealand and internationally as cultural property interests are rarely included in key intellectual property legislation. This article discusses the arguments for and against the inclusion of such a provision in central intellectual property legislation and why it is important to have provisions for cultural protection.
Keywords: intellectual property, traditional knowlege, trade marks, objection to registration, TRIPS Agreeement
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