Hawaii 2023 Regular Session

Hawaii House Bill HCR108

Introduced
3/10/23  
Refer
3/15/23  
Report Pass
4/5/23  
Engrossed
4/5/23  
Refer
4/11/23  
Report Pass
4/21/23  

Caption

Urging The Establishment Of A Native Hawaiian Intellectual Property Working Group To Discuss Policies And Legislation With Respect To Native Hawaiian Intellectual Property.

Impact

If established, the working group proposed by HCR108 would comprise nine members with expertise in Native Hawaiian law and cultural practices. This group is tasked with discussing relevant policies and legislation. They will work toward creating solutions to inappropriate appropriation of Native Hawaiian intellectual property and aim to address specific gaps in existing regulations for effectively protecting these rights. The resolution emphasizes the need for such measures due to escalating conflicts over the use of terms and cultural expressions that define Native Hawaiian identity.

Summary

HCR108 is a House Concurrent Resolution introduced in the 2023 Legislative Session urging the establishment of a Native Hawaiian Intellectual Property Working Group. This bill recognizes that the intellectual property rights of Native Hawaiians are based on culturally significant knowledge accumulated over generations. The resolution highlights the inadequacy of the existing Western intellectual property system to protect the rights of indigenous peoples concerning their traditional knowledge and cultural expressions. The bill seeks to ensure that Native Hawaiians can safeguard their cultural heritage against misappropriation, misuse, and the increasing incidences of disputes related to indigenous knowledge ownership.

Sentiment

The general sentiment surrounding HCR108 is supportive, particularly among Native Hawaiian advocacy groups and legislators who understand the importance of protecting indigenous rights. The encouragement of a dedicated working group reflects an acknowledgment of long-standing issues concerning cultural preservation and intellectual property rights. However, this sentiment is contrasted with concern from some sectors about the implications for businesses and industries that may inadvertently infringe on these rights as they engage with Native Hawaiian culture. There is a collective hope that the working group will forge equitable paths forward.

Contention

One notable point of contention is the balance between protecting Native Hawaiian cultural expressions and allowing for the free use of cultural terms in commerce. The bill references specific instances where non-Hawaiian entities have attempted to claim ownership of cultural terms, such as 'Aloha' and 'Poke.' This dynamic sparks a broader dialogue about the complexities of intellectual property rights as they intersect with cultural expression. Thus, stakeholders within and outside the Native Hawaiian community may have differing perspectives on how best to balance protection with accessibility and innovation.

Companion Bills

HI HR114

Same As Urging The Establishment Of A Native Hawaiian Intellectual Property Working Group To Discuss Policies And Legislation With Respect To Native Hawaiian Intellectual Property.

Previously Filed As

HI HCR33

Urging The Governor And Pertinent State Agencies To Commit To Provide Culturally Appropriate Resources, Services, And Programs For Native Hawaiian Individuals And Families Experiencing Intellectual And Developmental Disabilities.

HI HR22

Urging The Governor And Pertinent State Agencies To Commit To Provide Culturally Appropriate Resources, Services, And Programs For Native Hawaiian Individuals And Families Experiencing Intellectual And Developmental Disabilities.

HI HCR32

Requesting The Office Of Hawaiian Affairs To Identify The Scope Of Native Hawaiian Cultural Appropriateness For The Purpose Of Addressing Native Hawaiian Disparities.

HI SCR166

Urging Pertinent State Agencies To Commit To Providing Culturally Appropriate Resources, Services, And Programs For Native Hawaiian Individuals With Intellectual And Developmental Disabilities And Their Families And Care Providers.

HI SR140

Reaffirming The State's Commitment To Providing Culturally Appropriate Resources, Services, And Programs For Native Hawaiian Individuals And Families Experiencing Intellectual Developmental Disabilities.

HI HR21

Requesting The Office Of Hawaiian Affairs To Identify The Scope Of Native Hawaiian Cultural Appropriateness For The Purpose Of Addressing Native Hawaiian Disparities.

HI HCR66

Requesting The Office Of Hawaiian Affairs To Report On Strategies For Native Hawaiian Rural Resiliency.

HI HB570

Relating To Native Hawaiian Health.

HI HR49

Requesting The Office Of Hawaiian Affairs To Report On Strategies For Native Hawaiian Rural Resiliency.

HI HB1128

Relating To Support For Traditional Native Speakers Of Hawaiian.

Similar Bills

HI SCR191

Urging The Establishment Of A Native Hawaiian Intellectual Property Working Group To Discuss Policies And Legislation With Respect To Native Hawaiian Intellectual Property.

HI HR114

Urging The Establishment Of A Native Hawaiian Intellectual Property Working Group To Discuss Policies And Legislation With Respect To Native Hawaiian Intellectual Property.

HI SR196

Urging The Establishment Of A Native Hawaiian Intellectual Property Working Group To Discuss Policies And Legislation With Respect To Native Hawaiian Intellectual Property.

HI SR38

Supporting The Native Hawaiian Intellectual Property Working Group's Request For Resources And Timeline Extension For Fiscal Year 2025-2026.

HI HR119

Requesting The State Foundation On Culture And The Arts To Report Information Relating To Expenditures From The Works Of Art Special Fund For The Curation And Preservation Of Native Hawaiian Art.

HI SR87

Requesting The State Foundation On Culture And The Arts To Report Information Relating To Expenditures From The Works Of Art Special Fund For The Curation And Preservation Of Native Hawaiian Art.

HI HCR119

Requesting The State Foundation On Culture And The Arts To Report Information Relating To Expenditures From The Works Of Art Special Fund For The Curation And Preservation Of Native Hawaiian Art.

HI SCR97

Requesting The State Foundation On Culture And The Arts To Report Information Relating To Expenditures From The Works Of Art Special Fund For The Curation And Preservation Of Native Hawaiian Art.