Intellectual Property, sometimes known as IP, refers to the creations of the human mind, exclusive to a single person. Intellectual Property includes inventions, literature and artistic masterpieces, designs, emblems, titles, and pictures utilized in commerce and business. Such creations are prone to plagiarism or copying, Intellectual Property Rights protect them from unauthorized production, distribution, and display.
The registration of intellectual property gives owners exclusive rights to use that intellectual property, and allows those owners to enforce their rights against other parties. However, exclusive ownership is inconsistent with Māori perspectives, which emphasise collective ownership and collective responsibilities.
This contrast was considered in the recommendations of the Waitangi Tribunal in Ko Aotearoa Tēnei – the report on the Wai 262 claim – and resulted in the addition of cultural sensitivity provisions to New Zealand’s IP laws. These provisions prevent or discourage the registration of intellectual property where its use or registration is likely to offend Māori, or for other reasons that take Māori cultural considerations into account.
This does not mean that we are unable to register all items of intellectual property that contain or derive from aspects of Māori culture. All applications to register intellectual property are assessed on a case-by-case basis, under the statutory provisions that apply to that type of intellectual property. Examiners will only object if there are statutory reasons for doing so.