Hawaii Senate Bill SR196

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23
• Report Pass: 4/20/23
• Passed: 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

The resolution points out that many indigenous peoples have faced issues related to the appropriation and misuse of their cultural knowledge, particularly in recent years, as non-Hawaiian businesses have claimed ownership over terms and phrases significant to Native Hawaiian culture. By establishing a working group, the resolution proposes a more informed approach to creating indigenous-centric legal frameworks, drawing on examples set by other indigenous groups around the world. This could lead to the development of laws that better protect Native Hawaiian intellectual property and cultural expressions.

Summary

Senate Resolution 196 urges the establishment of a Native Hawaiian Intellectual Property Working Group to discuss policies and legislation relevant to the intellectual property rights of Native Hawaiians. It recognizes the unique cultural expressions and traditional knowledge of Native Hawaiians, which have been passed down through generations, including language, arts, and crafts. The resolution addresses the inadequacies of the existing western intellectual property system in protecting these rights, given that it was not designed with indigenous peoples in mind.

Sentiment

The sentiment surrounding SR196 is generally supportive, as it emphasizes the importance of recognizing and protecting the rights of Native Hawaiians regarding their intellectual property. The resolution is likely seen as a necessary step toward greater autonomy, allowing for the preservation and promotion of cultural practices and traditions. However, there may be some contention regarding the efficacy of the working group and whether it will lead to actionable changes that adequately address the concerns expressed.

Contention

While the intent of SR196 is to provide a platform for recognizing and safeguarding Native Hawaiian intellectual property rights, the resolution must navigate the complexities of existing legal frameworks that might not align with indigenous practices and values. As the working group meets and proposes recommendations, it will be crucial to ensure that Native Hawaiian voices are central in discussions, particularly regarding the legislative outcomes that follow. Critics may argue about the effectiveness of such committees in enacting real change within the legal systems that have historically marginalized indigenous rights.