Intellectual and Cultural Property

5 items

Launch of Resolution 108 Native Hawaiian Intellectual Property Working Group

In May 2023, the Hawaii Legislature passed House Concurrent Resolution No. 108, HD 1, SD 1. This resolution established a Native Hawaiian Intellectual Property (NH IP) Working Group. The group’s task is to create a report on the policies and legislation needed to better protect Native Hawaiian culture and traditional knowledge. The report is due in November 2024, in advance of the 2025 legislative session. The NH IP Working Group held its first meeting on Monday, June 24th, at the Legislature. During this meeting, they elected Kumu Hulu Vicky Holt Takamine, Executive Director of the PA'I Foundation, as Chair and ...

June 26, 2024|Categories: Intellectual and Cultural Property|Tags: |

On World IP Day, Celebrate Native Hawaiian & Other Indigenous Peoples’ IP Rights

By Makalika Naholowa’a, Executive Director April 26th marks World Intellectual Property Day. Intellectual property (“IP”) law creates intangible assets from inventions, creative expressions, trade identifiers like brand names and logos, and trade secrets. IP rules in the United States (“US”) have pre-colonial roots going back centuries in the British Isles and Europe.  As colonists from those societies established the US, they contemplated the recognition of intellectual property at the outset with specific reference in Article I, Section 8, Clause 8 of the Constitution, referred to by various names including the Intellectual Property Clause.    IP has evolved into a complex legal ...

April 26, 2024|Categories: Intellectual and Cultural Property|Tags: |

NHLC Executive Director contributes to NaHHA’s Ka Huina 2023 Intellectual and Cultural Property Panel

Native Hawaiian Legal Corporation’s Executive Director, Makalika Naholowaʻa, was a part of the Native Hawaiian Hospitality Association’s (NaHHA) fifth annual Ka Huina convention as a panelist on cultural intellectual property. Moderated by Hawaii Representative Darius Kila, Naholowaʻa joined Breann Huʻuhiwa of Dentons International Law and Zachary Lum of Kāhuli Leo Leʻa to discuss the ARTIST Act, cultural intellectual property, and regenerative tourism.  Currently, Native Hawaiian artisans are not protected under the Indian Arts and Crafts Act (IACA). The ARTIST Act being considered by Congress would change that, among other amendments to the IACA.   In this talk, Naholowaʻa, Huʻuhiwa and Lum ...

November 21, 2023|Categories: Intellectual and Cultural Property, NHLC News|Tags: |

Ask NHLC: How do courts decide what words in ‘ōlelo Hawai‘i mean?

Interpreting the meaning of language is central to the work of all courts in all parts of the world. Whether it be words used by governments in laws, orders, and rules; words used by parties when making agreements, or words used to show the mental state and intent of someone accused of a crime, determining what words mean – and how that impacts a legal outcome – is a core function of judges. Here in Hawaiʻi, the usage, meaning, and interpretation of ʻōlelo Hawaiʻi has affected the outcome of cases and guided our law. Generally, there are a few methods ...

Ask NHLC: What are the legal rules for using Hawaiian names in business?

What are the legal rules for using Hawaiian names in business? Can businesses that are not Hawaiian own Hawaiian names? Can businesses that use Hawaiian names stop Hawaiians from using those Hawaiian words? By Makalika Naholowaa, Executive Director Native Hawaiian Legal Corporation State and federal law allow businesses to use and own business and product names incorporating ʻōlelo Hawaiʻi as tradenames and trademarks. There is no requirement for the business to be owned or led by kānaka, for any consultation with or consent from members of the Hawaiian community, nor is there a requirement that the company or its ...

November 8, 2023|Categories: Ask NHLC, Intellectual and Cultural Property|Tags: |
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