IPRIA Working Paper Series
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Intellectual Property Research Institute of Australia Working Paper No. 02/2004 Protecting Indigenous Signs and Trade Marks Under The New Zealand Trade Marks Act 2002 by Owen J. Morgan Date: February 2004 Abstract: This working paper discusses how the law of registered trade marks in New Zealand provides protection for a particular aspect of indigenous knowledge and cultural heritage, namely, the words, symbols and images of various kinds developed by indigenous people that fit the description of “trade marks” or “signs”. It analyses certain provisions of the New Zealand Trade Marks Act 2002 which currently represent the most radical approach to the problem of protecting indigenous signs adopted to date within the common law world. The paper begins by describing the background to the statutory provisions affecting registration of trade marks and Maori, including aspects of the consultative process entered into with Maori. The provisions are then analysed in detail, problems and issues arising are discussed and conclusions are reached as to the significance of the legislation. Downloads: PDF [664K] |
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