New Zealand Trade Marks Act 2002 and it's References to Māori : a critical discussion

Abstract

New Zealand established the Trade Marks Act 2002 to meet the substantial changes in trade mark matters over the past 50 years. Particular focus was placed on improving the protection of trade mark rights for business and economic interests. As Māori groups' concerns regarding the former Trade Marks Act intensified, the Governments also began extensive consultation of Māori, revealing the dilemma for Maori cultural property when forced under Western-oriented trade mark law systems.

This research paper analyses the new Act with respect to its references to Māori. It focuses on the unique sections 17(1 )(b)(ii) and 177 to 180 and the Governments' aims and intentions that underpin these regulations.

Analysis of the paper aims to show the meaning of the law in trade mark practice, with regard to Māori and business people. The paper is based on the thesis that the Act is dishonest legislation. It argues that the Government presented the law as a significant improvement in all relevant matters; in particular, as law that for the first time provides Māori knowledge and cultural heritage with legal protection. It is shown, however, that the Act neither provides business/economic interests, nor Māori with satisfying law. The paper concludes that the Governments were not interested in revealing their actual intentions in trade mark matters. The Governments' political interests did not allow them to exclusively focus on business and economic interests. Therefore, the Governments introduced a few Māori regulations.