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UniServices intellectual property policy protects M膩ori knowledge

16 May 2022
UniServices has developed a M膩ori intellectual property policy in consultation with M膩ori experts to reflect its responsibilities for Indigenous intellectual property and data.

The traditional Western way of looking at intellectual property (IP) can be summed as: I created it, so it鈥檚 mine. Similarly, when it comes to data: I collected it, so it鈥檚 mine.

This approach, however, has significant limitations, particularly when it comes to the traditions, knowledge and data of M膩ori and other Indigenous peoples. Who owns and therefore has the right to use, adapt and profit from the haka? From Kawakawa? From data about M膩ori genetics?

Working closely with M膩ori experts, UniServices has put together a new policy for the company to reflect its responsibilites regarding the way it treats Indigenous intellectual property and data. The UniServices Board approved the M膩ori IP policy recently and it is now in effect.

鈥淚n general, we are the stewards of the research-informed intellectual property of the University of 免费色情视频,鈥 says UniServices CEO Andy Shenk. 鈥淗owever, up to now, policies have been largely silent about any special requirements or duty of care for M膩ori IP. As a treaty partner organisation, it鈥檚 incumbent on us to do better. I see this policy as a significant step forward in our path to being a more authentic partner for M膩ori in the way we conduct all our business.鈥

鈥淯nder Andy鈥檚 leadership, work has been going on for a few years to fill the gap that existed with regards to protecting M膩tauranga M膩ori and upholding M膩ori data sovereignty,鈥 says Tui Kaumoana (Ng膩ti Maniapoto, Waikato), UniServices鈥 Kai膩rahi, who led consultation about the policy with M膩ori leaders and experts. 鈥淭his policy fills that gap and demonstrates our integrity as an organisation and as a Te Tiriti O Waitangi partner.鈥

鈥淚 see this policy as a significant step forward in our path to being a more authentic partner for M膩ori in the way we conduct all our business.鈥

Dr Andy Shenk, Chief Executive Officer

What is intellectual property?

In the Western world, people often understand intellectual property in a limited way, says Nicola Johnstone, UniServices鈥 head of intellectual property.

鈥淧eople think about patents, trademark and copyright as being intellectual property, but really, intellectual property can be defined more broadly as products of the mind,鈥 says Johnstone. 鈥淥ver the last couple of decades, there has been increasing recognition that there鈥檚 a whole body of intellectual property that isn鈥檛 protected by law in 免费色情视频 but that deserves protection and recognition.鈥

The new policy makes it clear that intellectual property includes M膩tauranga M膩ori 鈥 a term that loosely translates as M膩ori knowledge but is generally considered to encompass not only knowledge but also the M膩ori worldview; M膩ori scientific methodologies; traditional culture and expression including language, astronomy, navigation, arts and crafts; rongo膩 M膩ori, which is traditional use of plants and animals in medicine; and use of traditional materials for purposes such as building. It includes newly developed M膩ori knowledge and creativity that builds on traditional knowledge.

What is data sovereignty?

photo
Nicola Johnstone

Broadly, data sovereignty is the concept that data must be subject to the laws and governance structures of the nation where it is collected. As it applies to Indigenous peoples, data sovereignty means Indigenous nations must be able to govern how data about their people, lands and resources are collected, stored, used, owned and potentially commercialised.

The principles of data sovereignty apply to a wide range of data, including census data; tech data ranging from emails to satellite images; health, biometric and genetic data; and qualitative and quantitative research data of all sorts.

UniServices鈥 new policy builds upon work by  to define and affirm M膩ori data sovereignty.

Principles of the new policy

The new policy is, in brief, designed to protect taonga 鈥 what is treasured 鈥 from deliberate or accidental misappropriation.

鈥淚t鈥檚 partly about educating people to recognise that they can鈥檛 necessarily just own all research or research results,鈥 says Tim Stirrup, UniServices鈥 former IP advisor, who laid much of the groundwork for the policy as a registered patent attorney and trained plant scientist.

鈥淭hey have to recognise that there may be an element of M膩tauranga M膩ori that鈥檚 owned by the kaitiaki 鈥 the M膩ori guardians 鈥 in that situation. If there鈥檚 a commercial outcome 鈥 for example, you want to sell a skin treatment using a native plant 鈥 you have to ask who gives you the right to do that? If you do manage to secure those rights, who benefits?鈥

The policy not only formalises respect for Indigenous knowledge, culture, resources and data, it sets out rules about who gets to decide on the uses of these taonga and who gets to benefit. A major principle is consultation 鈥 speaking to the right people and getting their input before a project starts.

鈥淭he best way is partnership,鈥 says Kaumoana. 鈥淚f you have M膩ori on the research team, that鈥檚 a great foot in the door to build trust and relationships, because they understand the necessary tikanga, kawa and cultural principles such as reciprocity and benefit sharing that go along with research.鈥

The next step is gaining free, prior and informed consent 鈥 a principle protected by international human rights standards.

鈥淔ree means consent isn鈥檛 coerced. Prior means you give consent before anything happens. Informed means the people involved have to have a clear understanding of what鈥檚 going to happen to their data, their samples, their land or whatever else is concerned in the short term and long term.鈥

Tim Stirrup, patent attorney

鈥淔ree means consent isn鈥檛 coerced. Prior means you give consent before anything happens. Informed means the people involved have to have a clear understanding of what鈥檚 going to happen to their data, their samples, their land or whatever else is concerned in the short term and long term,鈥 says Stirrup.

Another important principle is sharing. This includes sharing information about the research process and any knowledge gained; sharing decision making about the direction of the project and any applications; sharing financial and other benefits; and sharing credit for the work.

The policy is also international. While it draws heavily from M膩ori tikanga, it also aligns with international best practices to ensure the respect and protection of traditional knowledge, cultural expression and data from other Indigenous cultures, says Shenk.

鈥淕lobally, there is growing recognition of Indigenous forms of knowledge and expressions of intellectual property. We want to be part of the international movement to make sure there鈥檚 a legal framework so people can鈥檛 come along and exploit Indigenous knowledge for their own use.鈥

Applying the policy

Researchers embarking upon a project that may make use of M膩tauranga M膩ori, M膩ori data, taonga species or creative works should first contact their faculty Kai膩rahi or a respected kaum膩tua or M膩ori advisor to connect them with the M膩ori community, says Kaumoana. The Kai膩rahi or M膩tauranga M膩ori expert can help facilitate the next step 鈥 discussing the project with the appropriate iwi or hapu 鈥 as well as further steps.

As more research teams work with M膩ori, guided by the policy, UniServices expects positive effects not only for UniServices but on Aotearoa 免费色情视频 in the longer term.

鈥淚鈥檇 like to think the policy will make people think, consult and consider alternative viewpoints,鈥 says Will Charles, UniServices鈥 executive director of commercialisation.

鈥淲hen there are no clear policies, a lot of the time researchers won鈥檛 touch things concerning M膩ori because they put it in the 鈥榯oo hard鈥 pile. When there are guidelines on how to effectively partner with M膩ori, researchers are able to view a pathway forward without so many limitations.鈥

Tui Kaumoana, UniServices Kai膩rahi

鈥淚 don鈥檛 think that in the past, people have intended to offend or exploit, but through lack of understanding, that has sometimes been the result. I think this policy will help build trust and understanding so projects can move forward in mutually beneficial ways.鈥

鈥淚 think this policy will not only protect M膩tauranga M膩ori, it will help non-M膩ori researchers understand there are boundaries and restrictions,鈥 says Kaumoana, adding that the policy may be updated in the future as necessary. 鈥淲hen there are no clear policies, a lot of the time researchers won鈥檛 touch things concerning M膩ori because they put it in the 鈥榯oo hard鈥 pile. When there are guidelines on how to effectively partner with M膩ori, researchers are able to view a pathway forward without so many limitations.鈥

鈥淚t hasn鈥檛 been easy to craft this policy,鈥 says Shenk. 鈥淚t has required people with strong and deeply held but differing views to come to understanding. Still, we鈥檝e decided not to shirk the responsibility of making things better, despite the challenge and occasional discomfort of having these tough discussions, because we expect to see major benefits, economically and in terms of building positive relationships.鈥

Photo (Tui)
Tui Kaumoana