The Object and Purpose of Intellectual Property
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The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
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Chapter 2: A successful recalibration of patent law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum scoparium)

Jessica C. Lai

Abstract

Patents are theorised to serve a multitude of functions, ranging from incentivising invention and the dissemination of knowledge, to signalling certain capabilities and values, to structuring transactions and the commercialisation process. For all intents and purposes, these functions are misaligned with Indigenous peoples’ interests and worldviews. Indeed, beyond failing to serve Indigenous peoples, there is a growing body of literature proclaiming and decrying the appropriation and propertisation of Indigenous knowledge and resources. Yet, there is little empirical research measuring the scale of any such appropriation or propertisation. This chapter presents the results of an empirical search for patents pertaining to Mānuka (Leptospermum scoparium) filed through the Intellectual Property Office of New Zealand (IPONZ). Furthermore, it reflects on the applications pertaining to Mānuka filed since the Patents Act 2013 came into force, and analyses whether the therein-created Māori Advisory Committee has served its purpose with respect to those applications.

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