Understanding Māori rights and interests in intellectual property arising from research and innovation

Abstract

In the era of big data, the significance of data as a raw material for production and a source of societal and economic value has grown immensely. Advances in data mining, analytics, computing power, and storage capacity have facilitated broader access and utilization of big data for corporate and governmental purposes. This surge aligns with the knowledge economy, emphasizing knowledge-intensive activities to drive economic growth, a focus underscored in the latest Government Strategy.

However, as the knowledge economy expands, concerns arise about equity, Treaty partnerships, and the need to address issues of Māori data sovereignty and Indigenous data sovereignty. Discussions around Māori data sovereignty emphasize the importance of Māori control over various forms of Māori data, such as Mātauranga Māori, taonga species, and administrative data. Organizations like Te Mana Raraunga have been instrumental in developing principles and audit tools to support Māori data sovereignty.

Amidst these developments, questions have surfaced about the protection of Māori intellectual property (IP) within Aotearoa New Zealand, particularly outlined in the WAI262 report. This report, funded by Genomics Aotearoa and the National Science Challenge Science for Technological Innovation, aims to address these concerns. The project includes a literature review examining national legislation and international agreements constituting New Zealand's Intellectual Property Rights regime. This review explores how these frameworks safeguard Māori IP rights concerning Māori data, genomic data, and Mātauranga Māori. The second component involves a survey targeting research institutions to assess the presence of IP policies protecting Māori data in research and innovation processes.

The report provides a concise summary of the literature review and survey findings, with the overarching goal of assisting institutions in developing policies that safeguard Māori rights over their knowledge and data. The objective is to ensure equitable benefit-sharing throughout the innovation processes and address the evolving landscape of data sovereignty.