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

See all articles by Susy Frankel

Susy Frankel

Victoria University of Wellington

Date Written: 2005

Abstract

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

Suggested Citation

Frankel, Susy R., Third-Party Trade Marks as a Violation of Indigenous Cultural Property: A New Statutory Safeguard (2005). Journal of World Intellectual Property, p. 83, 2005, Available at SSRN: https://ssrn.com/abstract=1862685

Susy R. Frankel (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

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