Indigenous intellectual property
Encyclopedia
Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples
' special rights to claim (from within their own laws) all that their indigenous groups know now, have known, or will know.
It is a concept that has developed out of a predominantly western
legal tradition, and has most recently been promoted by the World Intellectual Property Organisation, as part of a more general United Nations
push to see the diverse wealth of this world's indigenous, intangible cultural heritage
better valued and better protected against perceived, ongoing misappropriation and misuse.
Nation States across the world have difficulties reconciling locally indigenous traditions, laws and cultural norms with predominantly western legal systems, effectively leaving indigenous peoples' individual and communal
intellectual property rights largely unprotected.
July 1988)
, May 1992; reaffirmed in Indonesia
, June 2002))
, New Zealand
, June 1993)
, November 1993)
, September 1994)
, East Malaysia. February 1995)
, Fiji
, April 1995)
Participants from the independent countries and "nonautonomous colonised territories" of the Pacific region met in Suva to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives(above). In particular participants:
, South Africa
August 2002)
Here indigenous people from around the world attending an international indigenous peoples' summit on sustainable development met on Koi-San Territory, where they reaffirmed previous declarations and statements (above), and, amongst other matters, declared:
At the United Nation's General Assembly's 61st session, on the 13th September 2007, an overwhelming majority of members resolved to adopt the United Nations Declaration on the Rights of Indigenous Peoples
.
Regarding the intellectual property rights of indigenous peoples, the General Assembly
recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies.."; reaffirmed ".. that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples.."; and solemnly proclaimed as an agreed standard for member nations around the world:
Between 1998 and 2006, the Ngati Toa
iwi
attempted to trademark the Ka Mate
haka
and to forbid its use by commercial organisations without their permission. The Intellectual Property Office of New Zealand
turned their claim down in 2006, since Ka Mate had achieved wide recognition in New Zealand and abroad as representing New Zealand as a whole and not a particular trader. In 2009, as a part of a wider settlement of grievences, the New Zealand government agreed to:
However a survey of nineteenth century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before its appropriation by the Ngati Toa chief Te Rauparaha. When Ngati Toa authorities were asked for evidence that Ka Mate was of Ngati Toa authorship, they were unable to provide any.
toy-line "Bionicle
" arose between Danish
toymaker Lego Group
and several Māori tribal groups (fronted by lawyer Maui Solomon) and members of the on-line discussion forum (Aotearoa Cafe
). The Bionicle product line allegedly used many words appropriated
from Māori language, imagery and folklore. The dispute ended in an amicable settlement. Initially Lego refused to withdraw the product, saying it had drawn the names from many cultures, but later agreed that it had taken the names from Māori and agreed to change certain names or spellings to help set the toy-line apart from the Māori legends. This did not prevent the many Bionicle users from continuing to use the disputed words, resulting in the popular Bionicle website BZPower coming under a denial-of-service attack
for four days from an attacker using the name Kotiate.
In 2005 a New Zealander in Jerusalem discovered that the Phillip Morris
cigarette company had started producing a brand of cigarette in Israel
called the "L & M Maori mix". In 2006, the head of Phillip Morris, Louis Camilleri
, issued an apology to Māori: "We sincerely regret any discomfort that was caused to Māori people by our mistake and we won't be repeating it."
Vernon Masayesva, CEO of the Hopi Tribe, and a consortium of Apache tribes demanded a number of American museums the closure of their images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished."
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
' special rights to claim (from within their own laws) all that their indigenous groups know now, have known, or will know.
It is a concept that has developed out of a predominantly western
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
legal tradition, and has most recently been promoted by the World Intellectual Property Organisation, as part of a more general United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
push to see the diverse wealth of this world's indigenous, intangible cultural heritage
Intangible Cultural Heritage
The concept of intangible cultural heritage emerged in the 1990s, as a counterpart to the World Heritage that focuses mainly on tangible aspects of culture...
better valued and better protected against perceived, ongoing misappropriation and misuse.
Nation States across the world have difficulties reconciling locally indigenous traditions, laws and cultural norms with predominantly western legal systems, effectively leaving indigenous peoples' individual and communal
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
intellectual property rights largely unprotected.
Declarations regarding Indigenous Intellectual Property
In the lead up to and during the United Nations International Year for the World's Indigenous Peoples (1993) then during the following United Nations Decade of the World's Indigenous Peoples (1995–2004) a number of conferences of both indigenous and non-indigenous specialists were held in different parts of the world, resulting in a number of declarations and statements identifying, explaining, refining, and defining 'indigenous intellectual property'. Declarations and statements from these conferences include:Declaration of Belem
(BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
July 1988)
- The first international congress of the International Society of Ethnobiology involving anthropologistsAnthropologyAnthropology is the study of humanity. It has origins in the humanities, the natural sciences, and the social sciences. The term "anthropology" is from the Greek anthrōpos , "man", understood to mean mankind or humanity, and -logia , "discourse" or "study", and was first used in 1501 by German...
, biologistsBiologyBiology is a natural science concerned with the study of life and living organisms, including their structure, function, growth, origin, evolution, distribution, and taxonomy. Biology is a vast subject containing many subdivisions, topics, and disciplines...
, chemistsChemistryChemistry is the science of matter, especially its chemical reactions, but also its composition, structure and properties. Chemistry is concerned with atoms and their interactions with other atoms, and particularly with the properties of chemical bonds....
, sociologistsSociologySociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
, and indigenous peoples at BelemBelémBelém is a Brazilian city, the capital and largest city of state of Pará, in the country's north region. It is the entrance gate to the Amazon with a busy port, airport and bus/coach station...
identifying themselves collectively as 'ethnobiologistsEthnobiology]Ethnobiology is the scientific study of dynamic relationships between peoples, biota, and environments, from the distant past to the immediate present....
', announced that (amongst other matters) since "Indigenous cultures around the world are being disrupted and destroyed.":
"Mechanisms [ought to] be established by which indigenous specialists are recognized as proper Authorities and are consulted in all programs affecting them, their resources and their environment"
"Procedures must be developed to compensate native peoples for the utilization of their knowledge and their biological resources"
Kari-Oca Declaration and Indigenous Peoples Earth Charter
(BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, May 1992; reaffirmed in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, June 2002))
- This is a declaration and a charterCharterA charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
first agreed in May 1992 by indigenous peoples from the Americas, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which indigenous peoples depend. Specific reference is made within the Indigenous Peoples Earth Charter to perceived abuses of indigenous people's intellectual and cultural properties. Under a heading,"Culture, Science and Intellectual Property", amongst other matters, it is asserted:
"99. The usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples .."
"102. As creators and carriers of civilizations which have given and continue to share knowledge, experience, and values with humanity, we require that our right to intellectual and cultural properties be guaranteed and that mechanisms for each be in favour of our peoples .."
"104. The protection, norms and mechanism of artistic and artisan creation of our peoples must be established and implemented in order to avoid plunder, plagiarism, undue exposure, and use.."
Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples
(AotearoaAotearoa
Aotearoa is the most widely known and accepted Māori name for New Zealand. It is used by both Māori and non-Māori, and is becoming increasingly widespread in the bilingual names of national organisations, such as the National Library of New Zealand / Te Puna Mātauranga o Aotearoa.-Translation:The...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, June 1993)
- On 18 June 1993, 150 delegates from fourteen countries, including indigenous representatives from JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
(AinuAinu peopleThe , also called Aynu, Aino , and in historical texts Ezo , are indigenous people or groups in Japan and Russia. Historically they spoke the Ainu language and related varieties and lived in Hokkaidō, the Kuril Islands, and much of Sakhalin...
), AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, Cook IslandsCook IslandsThe Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, FijiFijiFiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
, IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, PanamaPanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, PeruPeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, Surinam, USA and Aotearoa (New Zealand) meeting at Whakatane (Bay of PlentyBay of PlentyThe Bay of Plenty , often abbreviated to BOP, is a region in the North Island of New Zealand situated around the body of water of the same name...
region of New Zealand): affirmed indigenous peoples' knowledge is of benefit to all humanity; recognised indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; insisted the first beneficiaries of indigenous knowledge must be the direct indigenous descendants of such knowledge; declared all forms of exploitation of Indigenous knowledge must cease.
- Under Section 2 of their declaration they specifically ask State, National and International Agencies to:
"2.1 Recognise that Indigenous peoples are the guardians of their customary knowledge and have the right to protect and control dissemination of that knowledge.
"2.2 Recognise that indigenous peoples also have the right to create new knowledge based on cultural tradition"
"2.3 Accept that the cultural and intellectual property rights of Indigenous peoples are vested with those who created them."
Julayinbul Statement on Indigenous Intellectual Property Rights
(AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, November 1993)
- This declaration arose out of a meeting of indigenous and non-indigenous specialists, who, at JingarrbaDaintree, QueenslandDaintree is a settlement in North Queensland located 111 kilometres north of Cairns and 56 kilometres from Port Douglas, Queensland. The McDowell Ranges are near the town while the Daintree River flows nearby. It takes its name from Richard Daintree, a pioneering geologist of British origin in...
, in north-eastern AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, agreed indigenous intellectual property rights are best determined from within the customary lawCustom (law)Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
s of the indigenous groups' themselves. Within the declaration indigenous customary laws are (re)named 'Aboriginal common laws', and it is insisted these laws must be acknowledged and treated as equal to any other systems of law:
"..Indigenous Peoples and Nations reaffirm their right to define for themselves their own intellectual property, acknowledging ..the uniqueness of their own particular heritage.."
"..Indigenous Peoples and Nations .. declare that we .. are willing to share [our intellectual property] with all humanity provided that our fundamental rights to define and control this property are recognised by the international community.."
"Aboriginal intellectual property, within Aboriginal Common Law, is an inherent, inalienable right which cannot be terminated, extinguished, or taken .. Any use of the intellectual property of Aboriginal Nations and Peoples may only be done in accordance with Aboriginal Common Law, and any unauthorised use is strictly prohibited."
Santa Cruz de la Sierra Statement on Intellectual Property
(BoliviaBolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, September 1994)
- A regional meeting was held at Santa Cruz de la SierraSanta Cruz de la SierraSanta Cruz de la Sierra, commonly known as Santa Cruz, is the capital of the Santa Cruz department in eastern Bolivia and the largest city in the country...
where indigenous peoples from the south America's concerned about the way internationally prevailing intellectual property systems and regimes appeared to be favouring the appropriation of indigenous peoples' knowledge and resources for commercial purposes, agreed:
"For members of indigenous peoples, knowledge and determination of the use of resources are collective and intergenerational. No .. individuals or communities, nor the Government, can sell or transfer ownership of [cultural] resources which are the property of the people and which each generation has an obligation to safeguard for the next."
"Work must be conducted on the design of a protection and recognition system which is in accordance with ..our own conception, and mechanisms must be developed .. which will prevent appropriation of our resources and knowledge."
"There must be appropriate mechanisms for maintaining and ensuring the right of Indigenous peoples to deny indiscriminate access to the [cultural] resources of our communities or peoples and making it possible to contest patents or other exclusive rights to what is essentially Indigenous."
Tambunan Statement on the Protection and Conservation of Indigenous Knowledge
(SabahSabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
, East Malaysia. February 1995)
- Indigenous people of Asia met at TambunanTambunanTambunan is a valley district located in the Interior Division of the state of Sabah. The district covers an area of 1,347 km2.. Its population was estimated to be around 27,852 in 2000, based on the 2000 Population and Housing Census conducted by the Department of Statistics, Malaysia....
, East Malaysia, to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. It was agreed:
"For the Indigenous peoples of Asia, the intellectual property rights system is not only a very new concept but it is also very western........[W]ith [western style] intellectual property property rights, alien laws will be devised to exploit the Indigenous knowledge and [cultural] resources of the Indigenous peoples."
"The [western] intellectual property rights system and the (mis)appropriation of Indigenous knowledge without the prior knowledge and consent of Indigenous peoples evoke feelings of anger, or being cheated"
"Indigenous peoples are not benefiting from the intellectual property rights system. Indigenous knowledge and [cultural] resources are being eroded, exploited and/or appropriated by outsiders in the likes of transnational corporations, institutions, researchers, and scientists who are after profits and benefits gained.."
"For indigenous peoples, life is a common property which cannot be owned, commercialized, and monopolised...Based on this world view, Indigenous peoples find it difficult to relate [western] intellectual property rights .. to their daily lives.."
Suva Statement on Indigenous Peoples Knowledge and Intellectual Property Rights
(SuvaSuva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
, Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
, April 1995)
Participants from the independent countries and "nonautonomous colonised territories" of the Pacific region met in Suva to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul, Santa Cruz de la Sierra, and Tambunan initiatives(above). In particular participants:
"Reaffirme[d] that imperialism is perpetuated through [western] intellectual property rights systems.."
"Declar[ed] Indigenous peoples are willing to share our knowledge with humanity provided we determine when, where and how it is used: at present the international system does not recognise or respect our past, present and potential contribution.."
"Seek[s] repatriation of Indigenous peoples [cultural] resources already held in external collections, and seek[s] compensation and royalties from commercial developments resulting from these resources"
"..encourage[s] .. governments .. to protest against any General Agreement on Tariffs and Trade
General Agreement on Tariffs and TradeThe General Agreement on Tariffs and Trade was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization . GATT was signed in 1947 and lasted until 1993, when it was replaced by the World...
provisions which facilitate the expropriation of Indigenous peoples' knowledge and resources..[to instead] incorporate the concerns of Indigenous peoples .. into legislation ..
"[Seek to] Strengthen the capacities of Indigenous peoples to maintain their oral traditions, and encourage initiatives by Indigenous peoples to record their knowledge .. according to their customary access procedures."
"Urge universities, churches, government, non-government organizations, and other institutions to reconsider their roles in the expropriation of Indigenous people's knowledge and resources and to assist in their return to their rightful owners."
Kimberley Declaration
(KimberleyKimberley, Northern Cape
Kimberley is a city in South Africa, and the capital of the Northern Cape. It is located near the confluence of the Vaal and Orange Rivers. The town has considerable historical significance due its diamond mining past and siege during the Second Boer War...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
August 2002)
Here indigenous people from around the world attending an international indigenous peoples' summit on sustainable development met on Koi-San Territory, where they reaffirmed previous declarations and statements (above), and, amongst other matters, declared:
"Our traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft."
United Nations Declaration on the Rights of Indigenous Peoples
Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007....
.
Regarding the intellectual property rights of indigenous peoples, the General Assembly
recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies.."; reaffirmed ".. that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples.."; and solemnly proclaimed as an agreed standard for member nations around the world:
Article 11
"Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature."
"States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs."
Article 24
"Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals..."
Article 31
"Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."
"In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights."
Ka Mate haka
Between 1998 and 2006, the Ngati Toa
Ngati Toa
Ngāti Toa , an iwi , traces its descent from the eponymous ancestor Toarangatira. The Ngāti Toa region extends from Miria-te-kakara at Rangitikei to Wellington, and across Cook Strait to Wairau and Nelson....
iwi
Iwi
In New Zealand society, iwi form the largest everyday social units in Māori culture. The word iwi means "'peoples' or 'nations'. In "the work of European writers which treat iwi and hapū as parts of a hierarchical structure", it has been used to mean "tribe" , or confederation of tribes,...
attempted to trademark the Ka Mate
Ka Mate
"Ka Mate" is a Māori haka composed by Te Rauparaha, war leader of the Ngāti Toa tribe of the North Island of New Zealand.-The creation and composition of Ka Mate:...
haka
Haka
Haka is a traditional ancestral war cry, dance or challenge from the Māori people of New Zealand. It is a posture dance performed by a group, with vigorous movements and stamping of the feet with rhythmically shouted accompaniment...
and to forbid its use by commercial organisations without their permission. The Intellectual Property Office of New Zealand
Intellectual Property Office of New Zealand
The Intellectual Property Office of New Zealand is a New Zealand government agency responsible for the granting and registration of intellectual property rights, specifically patent, trade mark, design and plant variety rights. It is part of the Ministry of Economic Development...
turned their claim down in 2006, since Ka Mate had achieved wide recognition in New Zealand and abroad as representing New Zealand as a whole and not a particular trader. In 2009, as a part of a wider settlement of grievences, the New Zealand government agreed to:
However a survey of nineteenth century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before its appropriation by the Ngati Toa chief Te Rauparaha. When Ngati Toa authorities were asked for evidence that Ka Mate was of Ngati Toa authorship, they were unable to provide any.
Lego's Bionicle
In 2001 a dispute concerning the popular LEGOLego
Lego is a line of construction toys manufactured by the Lego Group, a privately held company based in Billund, Denmark. The company's flagship product, Lego, consists of colorful interlocking plastic bricks and an accompanying array of gears, minifigures and various other parts...
toy-line "Bionicle
Bionicle
Bionicle is a line of toys by the LEGO Group marketed primarily for 5- to 16-year-olds. The line was launched on December 30, 2000 in Europe and June/July 2001 in Canada and the United States. "Bionicle" is a portmanteau constructed from the words "biological" and "chronicle"...
" arose between Danish
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
toymaker Lego Group
Lego Group
The LEGO Group is a family-owned company based in Billund, Denmark, and best known for the manufacture of Lego-brand toys.The company was founded in 1932 by Ole Kirk Christiansen...
and several Māori tribal groups (fronted by lawyer Maui Solomon) and members of the on-line discussion forum (Aotearoa Cafe
Aotearoa Cafe
The Aotearoa Cafe was the largest Māori discussion forum on the internet. The web forum was run by a group of Māori who are all members and participants in the Tino Rangatiratanga Māori sovereignty movement.-History:...
). The Bionicle product line allegedly used many words appropriated
Cultural appropriation
Cultural appropriation is the adoption of some specific elements of one culture by a different cultural group. It describes acculturation or assimilation, but can imply a negative view towards acculturation from a minority culture by a dominant culture. It can include the introduction of forms of...
from Māori language, imagery and folklore. The dispute ended in an amicable settlement. Initially Lego refused to withdraw the product, saying it had drawn the names from many cultures, but later agreed that it had taken the names from Māori and agreed to change certain names or spellings to help set the toy-line apart from the Māori legends. This did not prevent the many Bionicle users from continuing to use the disputed words, resulting in the popular Bionicle website BZPower coming under a denial-of-service attack
Denial-of-service attack
A denial-of-service attack or distributed denial-of-service attack is an attempt to make a computer resource unavailable to its intended users...
for four days from an attacker using the name Kotiate.
"Māori" cigarettes
Philip Morris International
Philip Morris International is an international tobacco company, with products sold in over 160 countries. In 2007, it held a 15.6% share of the international cigarette market outside of the USA and reported revenues net of excise taxes of $22.8 billion and operating income of $8.9 billion.Until...
cigarette company had started producing a brand of cigarette in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
called the "L & M Maori mix". In 2006, the head of Phillip Morris, Louis Camilleri
Louis C. Camilleri
Louis C. Camilleri is the Chairman and CEO of Philip Morris International.-Education:Camilleri received a degree in economics and business administration from HEC Lausanne, the Faculty of Business & Economics of the University of Lausanne .-Philip Morris International:After working as a business...
, issued an apology to Māori: "We sincerely regret any discomfort that was caused to Māori people by our mistake and we won't be repeating it."
Hopi & Apache Opt Out From American Museums
In 1994 a couple of Native American tribes ordered a number of museums to close their intellectual property to the public. They were backed by the NAGPRA.They would disclose their property only after permission was requested directly to them.Vernon Masayesva, CEO of the Hopi Tribe, and a consortium of Apache tribes demanded a number of American museums the closure of their images, text, ceremonies, music, songs, stories, symbols, beliefs, customs, ideas, concepts and ethnographic field-notes, feature films, historical works, and any other medium in which their culture may appear literally, imagined, expressed, parodied or embellished."
See also
- Biopiracy and BioprospectingBiopiracy- Biopiracy and bioprospecting :Bioprospecting is an umbrella term describing the discovery of new and useful biological samples and mechanisms, typically in less-developed countries, either with or without the help of indigenous knowledge, and with or without compensation...
- Darrell A. PoseyDarrell A. PoseyDarrell Addison Posey was an American anthropologist and biologist who vitalized the study of traditional knowledge of indigenous and folk populations in Brazil and other countries...
- Intangible Cultural HeritageIntangible Cultural HeritageThe concept of intangible cultural heritage emerged in the 1990s, as a counterpart to the World Heritage that focuses mainly on tangible aspects of culture...
- Intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
- Intellectual property issues in cultural heritage (IPinCH)
- Traditional knowledgeTraditional knowledgeTraditional knowledge , indigenous knowledge , traditional environmental knowledge and local knowledge generally refer to the long-standing traditions and practices of certain regional, indigenous, or local communities. Traditional knowledge also encompasses the wisdom, knowledge, and teachings...