Senior Lecturer Above the Bar, University of Canterbury; Senior Lecturer in Management, Te Herenga Waka — Victoria University of Wellington; Professor of Commercial Law, Te Herenga Waka — Victoria University of Wellington, The Conversation; ; Patently insufficient: a new intellectual property treaty does little to protect Māori traditional knowledge
"The problem of “biopiracy” – the misappropriation and patenting for profit of Indigenous knowledge – has been on the rise for some time. So a global treaty aimed at protecting traditional knowledge and genetic resources should be a welcome development.
In late May, the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge. It is the first international agreement on intellectual property that includes provisions on Indigenous peoples’ knowledge.
More than 20 years in the making, it represents the culmination of negotiations between the 193 WIPO member states since 2000. And on the face of it, the treaty appears to be an important intervention to prevent biopiracy.
However, the new agreement is unlikely to lead to major changes to New Zealand law, or improve the rights of Māori to own or control their intellectual property and taonga (treasured possessions). Given the well-documented misappropriation of Māori knowledge and taonga, more substantive protections are still needed."
