S.R. 164 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 be established by the Department of Business, Economic Development, and Tourism, State Foundation on Culture and the Arts, Department of Commerce and Consumer Affairs, Department of Land and Natural Resources, University of Hawaiʻi System, and other relevant state agencies in collaboration with Native Hawaiian organizations and legal experts.

• Task force must consult with indigenous communities and submit recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022.

• Notes that existing western intellectual property laws facilitate theft and misappropriation of indigenous knowledge by researchers, corporations, universities, and fashion industry entities, citing example of Aloha Poke Co. issuing cease-and-desist letters to Hawaiian poke businesses.

• References international frameworks addressing indigenous intellectual property rights through the World Intellectual Property Organization, United Nations, and Convention on Biological Diversity, and models from other indigenous groups such as Indian Arts and Crafts Board and Maori Toi Iho trademark.