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