Download Indigenous Cultural Heritage and Intellectual Property by Jessica Christine Lai PDF

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  • April 20, 2017
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By Jessica Christine Lai

Now greater than ever, indigenous peoples’ pursuits of their cultural background are within the highlight. but, there's little or no literature that comprehensively discusses how current legislation can and can't be used to deal with indigenous peoples’ pursuits. This e-book assesses how intangible points of indigenous cultural background (and the tangible items that carry them) may be safe, in the realm of a vast variety of present felony orders, together with highbrow estate and similar rights, client defense legislations, universal legislations and equitable doctrines, and human rights. It does so by way of concentrating on the recent Zealand Māori. The ebook additionally appears to be like to the long run, analysing the long-awaited Wai 262 file, published in New Zealand via the Waitangi Tribunal based on allegations that the govt. had failed in its accountability to make sure that the Māori keep chieftainship over their tangible and intangible treasures, as required via the Treaty of Waitangi, signed among the Māori and the British Crown in 1840.

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More often than not, what the rest of society considers as the “Ma¯ori view” is whatever is “shouted” the loudest, which in most cases are the views of prominent Ma¯ori figures and leaders and those considered to be at the forefront of the Ma¯ori rights debate. Due to the impossibility of representing every view, for the purposes of this chapter, the “Ma¯ori view” will reflect this. 113 If and how this should be stopped is a hard question, particularly with regard to intangible aspects of culture, which are seemingly boundary-free.

637. 151 Nga¯ti Toa Rangatira and Trustee of the Toa Rangatira Trust and The Crown (2012), para. ” Potential users are simply “encouraged to consult with Nga¯ti Toa Rangatira on their proposed use of the haka Ka Mate as a matter of courtesy” (para. 112). 152 Ward (2002); and Jahnke and Jahnke (2003), pp. 18–20. 149 30 2 Ma¯ori Culture in the Contemporary World Fig. 1 Barry Ross Smith’s “Heritage” [(82 (h) Â 62 (w) cm, mixed media on board), available at http://www. com/ gallery_401541. html#photos_id¼8529868.

79 Indeed, in 2002, the New Zealand Government acknowledged this, noting in the World Trade Organization (WTO) forum that New Zealand is “to 73 Report of the Waitangi Tribunal on the Te Reo Ma¯ori Claim (1986) Wai 11. See also Myburgh (2010), p. 659. 74 Report of the Waitangi Tribunal on Claims Concerning the Allocation of Radio Frequencies (1990) Wai 26, p. 150; and Attorney-General v New Zealand Ma¯ori Council [1991] 2 NZLR 129 (CA). See also Paterson (2009), p. 125. 75 Williams (2003), p. 18.

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