The Intellectual Property (IP) chapter is the biggest threat
The Western system of intellectual property rights (IPRs) is incompatible with Māori values and world views, and inter-generational and collective rights and responsibilities.
Wai 262 recognised trade agreements are based on the Western system, bring risks of exploitation and misappropriation of Māori names, knowledge, stories, symbols and culture.
But the IP chapter in the UK FTA (ch.17) has no recognition of Māori concepts, and no protection for Tiriti rights.
The UK FTA actually guarantees stronger IPRs than other NZ FTAs, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
New risks to To Te Pae Tawhiti & Wai 262
The Waitangi Tribunal, in Wai 262 Ko Aotearoa Tēnei, said NZ should have a dual strategy to introduce a regime to protect mātauranga Māori and taonga works,and advocate for minimum standards of protection in free trade agreements.
Ten years later Te Pae Tawhiti is only slowly working its way towards step one. Meanwhile the Crown signs more FTAs that override mātauranga Māori and taonga.
The lack of effective protections for Māori rights, interests, duties and responsibilities in the UK FTA
could create more problems with addressing Wai 262 and have a chilling effect on the recommendations in Te Pae Tawhiti. It could also make the Crown unwilling to implement them.
A Section on Intellectual Property and Issues Related to Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions. It provides no protections. Just a lot of “maybe’s”.
It promises a review to consider providing for Genetic Resources & Traditional Knowledge which Māori can take part in but the UK and NZ would have to agree. The UK is unlikely ever to agree so there may never be any outcome.
The UK is determined to protect corporate IP rights
The IP chapter reflects the UK’s determination to protect the IP rights of its big corporations.
The Māori Trade chapter (Art 26.2.10) reinforces that:
- It says nothing in the chapter gives rise to obligations relating to IP, or
- that the UK recognises genetic resources, traditional knowledge and traditional cultural expressions are IP rights, or
- that examples of them protectable as IP, except as far as UK law currently recognizes them.