In 2003, Kanaka Maoli of Ka Pae
ʻĀina Hawaiʻi gathered at the first Ka ʻAha Pono- Native Hawaiian
Intellectual Property Rights Conference and united to express our
collective right of self-determination to perpetuate our culture under
threat of theft and commercialization of the traditional knowledge
of Kanaka Maoli, our wahi pana, and nā mea Hawaiʻi. The Paoakalani
Declaration, a cultural framework, was endorsed as our collective
responsibility to determine a pono future for Hawaiʻi nei, her culture,
and indigenous peoples. Since 2003, the Declaration has been shared
with rightsholders and stakeholders in Hawaiʻi, Indigenous Peoples
throughout the world, and submitted at numerous global meetings.
The second Ka ʻAha Pono was held in 2004 and participants from Ka
Pae ʻĀina Hawaiʻi included kumu hula, elders skilled in la¯ʻau lapaʻau,
traditional and contemporary artists, farmers, teachers, academics,
and attorneys. Conference attendees actively participated in discussions
regarding the protection of our Traditional Knowledge and Intellectual
Property Rights.
In Hawaiʻi, many issues have become extremely contentious and increasingly
the problems and issues involved native cultural practitioners against
academic and industry researchers. Examples of these controversies
include:
1. The copyrighting of Hawaiian traditional chants by Disney, Inc,
for exclusive use in the Lilo and Stitch movie and cartoon series.
2. The patenting of three (3) hybrid taro and related University efforts
to “sell” taro seedlings to traditional farmers.
3. Bioprospecting and patenting of life forms and natural resources
belonging to the public trust but unclaimed by the State.
Indigenous peoples in Hawaiʻi and the general public are only now
becoming aware of these issues. In the State legislature there has
been a proliferation of bills proposed to meet the policy vacuum in
this area.
This year, our third Ka ʻAha Pono will feature State and industry
representatives, academics, farmers, cultural practitioners, artisans,
and others on a number of topics including trademark, patenting, access
and benefit sharing, biodiversity preservation and State policy matters.
The conference will also feature keynotes on the topics of international,
national and local efforts and approaches to dealing with issues relating
to patenting and copyrighting of Traditional Knowledge, (including
medicinal knowledge), life forms and the work of the World Intellectual
Property Orgnization (WIPO).