Katene Rahui: Trade Marks (International Treaties and Enforcement) Amendment Bill — First Reading 
Katene Rahui: Trade Marks (International Treaties and Enforcement) Amendment Bill — First Reading 
[Volume:653;Page:2483] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 The Declaration on the Rights of Indigenous Peoples has a very clear statement in article 31 about the interest that we hold as indigenous peoples in the concept of a trademark. It says: “Indigenous peoples have the right to maintain control protect and develop their intellectual property over such cultural heritage traditional knowledge and traditional cultural expressions” and that “in conjunction with indigenous peoples States shall take effective measures to recognize and protect the exercise of these rights”. An overwhelming majority of nations—143 countries—adopted this declaration on 13 September 2007. Just last Friday Australia added its endorsement—a move that the Maori Party is greatly heartened by. The only countries to sit outside on the issue of indigenous rights are Canada America and Aotearoa but we are hopeful that this Government will address that appalling lack of confidence demonstrated by the previous administration. Why would we not want to keep up with the advances across the world as indeed is expressed in this Trade Marks (International Treaties and Enforcement) Amendment Bill? 
The amendments before the House tonight are specifically to update our legislative framework within the Trade Marks Act and Copyright Act to be in line with the agreements and protocols already mentioned by other speakers: the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and the Singapore Treaty on the Law of Trademarks. 
 These protocol documents establish an international registration regime and a classification system for trademarks and it is extremely positive that this Parliament will be giving effect to commitments that are consistent with international practice. There are some pressing reasons for us doing so. This bill responds to the growing problem around the globe that represents a burgeoning market for the manufacture distribution and sale of counterfeits. The bill will require the Ministry of Economic Development and the Customs Service to enforce the criminal offence provisions related to counterfeit goods and pirated works. 
Why is this so important? Clearly the existence of counterfeits undermines the viability and profitability of legitimate businesses. But for many businesses the compliance cost to register trademarks often prevent them from taking action to protect their unique brands—their logos their slogans their marketing edge. The amendments in this legislation will help to make it easier for consumers to recognise the given quality of a particular business while also enabling that trader to protect its unique goods and services. 
I want to focus on this issue of “the unique quality” as it pertains to indigenous peoples. Just as the Madrid Nice and Singapore treaties have advanced international trademark protection the World Intellectual Property Organization or WIPO has been progressing great innovations in indigenous models to protect indigenous knowledge and intellectual property. Specific protections for Maori traditional knowledge and intellectual property have emerged within indigenous declarations on cultural and intellectual property such as the Mataatua declaration so it is extremely surprising that this body of work appears to have been overlooked in the evolution of this bill. 
This is particularly concerning in that what has consistently happened to date is that non-indigenous local and overseas businesses have trademarked and exploited Maori images words names etc. and those of other indigenous peoples to brand themselves internationally with impunity because there are no actual laws preventing them from doing so. We have seen a French security firm take on the name “Maori” because it represented a famous rugby team a Maori tattooed face kit sold on an American Halloween website and the New Zealand Rugby Union take on the branding campaign of the fearless Maori warrior complete with the death-defying haka to promote the All Black team yet in the same breath discard the New Zealand Maori rugby team from the 2009 draw. We have seen Philip Morris use Maori designs on its cigarette packaging and as recently as a couple of weeks ago a Lion Red billboard was spotted in Te Karaka with the slogan “Rangatira liquor”. These are but just a few of the deplorable examples where Maori traditional knowledge and intellectual property have been vulnerable to exploitation. And yet still there is no movement in New Zealand law or policy development despite the Ministry of Economic Development being very aware of the work and funding draft model indigenous intellectual property laws for various Pacific nations. 
There is a very impressive foundation readily accessible to Parliament through the form of the Maori Made Mark Toi Iho which is a registered trademark. We are all looking forward to the insights of the Waitangi Tribunal which is expected to report back on the Wai 262 claim by the end of the year. 
But the message that the Maori Party brings to this debate is to really honour the unique place of tangata whenua within this land by addressing Maori-specific issues of cultural and intellectual protection. The previous Government lacked the political courage to progress protections for Maori traditional knowledge and intellectual property in domestic legislation. This was unsurprising for a Government that had introduced the Foreshore and Seabed Act rejected the Declaration on the Rights of Indigenous Peoples and stood by while terror attacks took place in the tribal nation of Tuhoe. But we are in new times with a new Government and we hope a new will to recognise the importance of mana maintenance and enhancement. 
This is a Government that has been prepared to state in print that it will act in accordance with Te Tiriti o Waitangi—the Treaty of Waitangi. Te Tiriti o Waitangi held up the promise of a strong unified nation. It is a promise that is best expressed in relationships of mutual respect and of good faith. In essence this is what is meant by mana-enhancing behaviour—when we give expression to values that are uplifting and enriching. And so this is what we want to see in further iterations of this important legislation—the implementation of sui generis systems of new systems to protect Maori knowledge. We see this as a solid step towards supporting the Maori partner to the Treaty to once again be distinguished by our vibrant growing and prosperous economy as indeed we were in 1840. 
The bill may provide benefits to Maori business owners wanting to apply for trademarks particularly if they are wanting to trade internationally. It is currently quite expensive and cumbersome to register trademarks given that it needs to be done separately in each country that a business wants to trade in so we welcome the relief the legislation offers in that regard. 
We want to see Maori-specific indigenous knowledge and intellectual property protection legislation that gives due regard to the unique value of the indigenous brand. We have seen many bills such as this and other amendments to intellectual property laws that express a willingness to sign up to international agreements that protect Western business and the cultural mainstream. What we are now calling for is a proactive approach in supporting Maori intellectual property protections. Where there is a will there is a way and it seems that the will is just not there yet but we remain optimistic that the opportunity provided by the select committee process is an excellent way to find the right way to protect Maori traditional knowledge and intellectual property rights. 
In order to enable that opportunity to happen the Maori Party will support this bill at its first reading. Kia ora.