Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience?

"Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience?", Heidelberg: Springer, 2014

15 Pages Posted: 12 Feb 2014

See all articles by Jessica C. Lai

Jessica C. Lai

Victoria University of Wellington

Date Written: 2014

Abstract

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 the New Zealand Māori. The book also looks to the future, analyzing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Keywords: indigneous cultural heritage, intellectual property, Maori, traditional knowledge, traditional cultural expressions, Wai 262

JEL Classification: K11, K13, K30, K33

Suggested Citation

Lai, Jessica C., Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience? (2014). "Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience?", Heidelberg: Springer, 2014, Available at SSRN: https://ssrn.com/abstract=2394034

Jessica C. Lai (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington
New Zealand

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