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HI SCR204

Concurrent Resolution

Status

Passed

4/24/2019

Primary Sponsor

Kaiali'i Kahele

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Urges establishment of a Native Hawaiian intellectual property task force to develop a specialized legal system protecting Native Hawaiian cultural intellectual property, traditional cultural expressions, and genetic resources.

  • Task force to include representatives from state agencies (Department of Business, Economic Development, and Tourism; Department of Commerce and Consumer Affairs; Department of Land and Natural Resources; University of Hawaii System) and Native Hawaiian organizations (Office of Hawaiian Affairs, Native Hawaiian Bar Association, Association of Hawaiian Civic Clubs, Council for Native Hawaiian Advancement, and others).

  • Recognizes that Western intellectual property laws inadequately protect indigenous collective knowledge and have facilitated misappropriation by researchers, corporations, universities, and the fashion industry.

  • Cites specific example of Aloha Poke Co. issuing cease-and-desist letters to Hawaiian poke businesses claiming ownership of cultural terms "Aloha" and "Poke."

  • Requires task force to submit recommendations and proposed legislation to the Legislature no later than twenty days before the 2022 Regular Session convenes.

Legislative Description

Urging The Establishment Of A Native Hawaiian Intellectual Property Task Force To Develop A Sui Generis Legal System To Recognize And Protect Native Hawaiian Cultural Intellectual Property, Traditional Cultural Expressions, And Genetic Resources.

Native Hawaiian Intellectual Property Task Force.

Last Action

Received notice of Senate agreement and Adoption (Sen. Com No. 957).

4/24/2019

Committee Referrals

Judiciary4/15/2019
Water, Land, & Hawaiian Affairs4/5/2019
Hawaiian Affairs3/13/2019

Full Bill Text

No bill text available