Hawaii 2023 Regular Session

Hawaii House Bill HR114

Introduced
3/10/23  
Refer
3/15/23  
Report Pass
4/5/23  

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

The formation of the Native Hawaiian Intellectual Property Working Group would involve nine members with expertise in Native Hawaiian law and culture, appointed by different state leaders and organizations. This group's mandate includes tackling the challenges posed by the often exploitative nature of western intellectual property laws that fail to respect the collective rights of indigenous communities. By addressing these issues, the resolution aims to develop legislation that would provide improved protections for Native Hawaiian cultural knowledge and expressions, potentially leading to significant changes in state laws regarding intellectual property.

Summary

House Resolution 114 urges the establishment of a Native Hawaiian Intellectual Property Working Group to develop policies and legislation aimed at protecting the intellectual property rights of Native Hawaiians. This resolution recognizes that Native Hawaiians possess collective intellectual property rights derived from their cultural expressions, traditional knowledge, and practices that have been passed down through generations. It emphasizes the need for legal frameworks tailored to safeguard these unique rights from misuse and misappropriation under existing western intellectual property laws, which are seen as inadequate for indigenous peoples.

Sentiment

The sentiment around HR114 appears to be largely supportive from advocates for indigenous rights and cultural preservation. Proponents express hope that the working group will lead to meaningful protections and recognition of Native Hawaiian intellectual property rights. However, there could also be challenges related to the integration of these new policies into the existing legal framework, with some stakeholders possibly expressing concerns about administrative burdens or the feasibility of implementing new intellectual property systems.

Contention

Notable points of contention may arise from differing views on how to strike a balance between the protection of indigenous cultural rights and existing intellectual property laws, which prioritize individual ownership. Critics of current intellectual property systems may argue for a more collective approach to ownership that aligns with Native Hawaiian values, whereas supporters of conventional IP laws might view any proposed changes as potentially disruptive to established business practices. The resolution signals an important step toward addressing the systemic issues of cultural appropriation and misrepresentation often faced by indigenous peoples.

Companion Bills

HI HCR108

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.

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 HCR108

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.