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© 2014

Indigenous Cultural Heritage and Intellectual Property Rights

Learning from the New Zealand Experience?

Benefits

  • Comprehensively deals with the situation in New Zealand

  • Offers an academic analysis with practical application of New Zealand law for intangible indigenous cultural heritage

  • Offers a practical solution through analysing the Wai 262 Report

Book

Table of contents

  1. Front Matter
    Pages i-xv
  2. Jessica Christine Lai
    Pages 1-10
  3. Jessica Christine Lai
    Pages 11-58
  4. Jessica Christine Lai
    Pages 59-221
  5. Jessica Christine Lai
    Pages 223-310
  6. Jessica Christine Lai
    Pages 311-324
  7. Back Matter
    Pages 325-327

About this book

Introduction

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.

Keywords

Guardianship Indigneous cultural heritage Intellectual property New Zealand Maori Wai 262

Authors and affiliations

  1. 1.Faculty of LawUniversity of LucerneLucerneSwitzerland

Bibliographic information

Industry Sectors
Law

Reviews

“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 Māori 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)