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

ISBN-13: 9783319351841 / Angielski / Miękka / 2016 / 327 str.

Jessica Christine Lai

Opis

Using the example of New Zealand's Maori, this book shows how intangible aspects of indigenous cultural heritage, and the tangible objects that hold them, can be protected using existing intellectual property, consumer protection, human rights and other laws.

Recenzje

"The primary focus of this excellent book is an examination of the capacity of intellectual property (IP) law to assist in the preservation and protection of Maori cultural heritage. ... This is a very well-researched book, with numerous references at the end of each chapter." (Michael Blakeney, European Intellectual Property Review (EIPR), Vol. 37 (4), 2015)

Spis treści

1. Introduction.- 2. Maori Culture in the Contemporary World.- 3. Intellectual Property and Other Intangibles.- 4. Guardianship and the Wai 262 Report.- 5. Bringing it all Together: An Overall Reflection.

Blurb

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, analysing 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.