Indigenous Cultural Heritage and Intellectual Property Rights

1. Front Matter

   Pages i-xv

   PDF

2. Chapter 1 Introduction

   • Jessica Christine Lai

   Pages 1-10

3. Chapter 2 Māori Culture in the Contemporary World

   • Jessica Christine Lai

   Pages 11-58

4. Chapter 3 Intellectual Property and Other Intangibles

   • Jessica Christine Lai

   Pages 59-221

5. Chapter 4 Guardianship and the Wai 262 Report

   • Jessica Christine Lai

   Pages 223-310

6. Chapter 5 Bringing It All Together: An Overall Reflection

   • Jessica Christine Lai

   Pages 311-324

7. Back Matter

   Pages 325-327

   PDF

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.

• Guardianship
• Indigneous cultural heritage
• Intellectual property
• New Zealand Maori
• Wai 262

“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)

• Faculty of Law, University of Lucerne, Lucerne, Switzerland

  Jessica Christine Lai

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