The first meeting of the newly formed Native Hawaiian Intellectual Property Working Group (NHIPWG), comprised of experts in Native Hawaiian law, Indigenous intellectual property rights and cultural practitioners, was held at the Hawaiʻi State Capitol on June 24.
In 2023, the Hawaiʻi House of Representatives adopted HCR108 (House Concurrent Resolution) calling for the formation of a nine-member working group to study policies and legislation with respect to Native Hawaiian intellectual property: cultural expressions, language and art forms. Formation of the working group in 2023 was postponed due to the Maui wildfires.
At a press conference immediately following the inaugural meeting, Rep. Darius Kila, who introduced the measure, noted that Native Hawaiians are leading the charge in protecting and preserving their cultural legacy, saying “The establishment of the working group stems from a profound concern over the blatant exploitation and dilution of Native Hawaiian culture, language, and artifacts for profit across the globe.”
An example that garnered national attention was the 2018 Aloha Poke lawsuit in which a non-Hawaiian, Chicago-based company trademarked the name “Aloha Poke” and then had the audacity to send cease and desist letters to other, Hawaiian-owned companies, with similar names.
The working group will draft and propose legislation and policies that can be enacted in the 2025 legislative session. It is also intended that the group becomes a permanent entity, aiming to ensure that Hawaiians continue to take the lead in protecting and preserving our cultural legacy.
At its first meeting, NHIPWG members elected Kumu Hula Vicky Holt Takamine to serve as chair and Native Hawaiian Legal Corporation Executive Director Makalika Naholowaʻa to serve as vice-chair. The group also approved Kila, Sen. Jarrett Keohokalole, and Rep. David Tarnas as non-voting members of the working group to participate in policy discussions and provide support.
Takamine has been at the forefront of Hawaiian intellectual property right issues for almost three decades. Back in 1997 she, and other kumu hula, organized a group of attorneys, scholars and cultural practitioners to discuss the issue after two traditional mele – one composed for Queen Liliʻuokalani and the other for King Kalākaua – were combined and copyrighted as He Mele no Lilo for the Disney feature cartoon, Lilo and Stitch.
“We now have a working group that will develop policies and procedures to educate the general public about Native Hawaiian intellectual property and protect our cultural rights as Native Hawaiians in our own ancestral home,” said Takamine.
“This is a topic for Indigenous peoples around the world,” Naholowaʻa said. “Coming up with ways to improve our law, policies and protocols so we can better protect the things that we value – like protecting the ʻāina and wai – will carry through in our efforts to protect the intangible aspects of our community wealth. That is really what intellectual property is about – knowledge and culture.”
The concept of preserving intellectual property is widespread among Indigenous groups, many of which have developed strategies and frameworks to protect their collective rights.
Keohokalole pointed out that federal law allows individuals to trademark an idea, term or name and then prevent others from using it without their permission – normally entailing licensing or monetary compensation – but added “just because a federal law dictates a practice doesn’t mean we have to stand for it here.”
One task of the NHIPWG is to figure out appropriate ways to respond to these incidents.
“We should not have to mobilize as a community in outrage every time someone from the outside sees a good idea in Hawaiʻi and decides they want to fence it off and monetize it for their personal gain,” Keohokalole said.
NHIPWG currently has eight members, with one vacancy awaiting appointment by Sen. Ron Kouchi. They will meet twice a month to deliberate on policies and ideas and are scheduled to submit a final report no fewer than 40 days before the 2025 legislative session begins.
“This initiative offers groundbreaking opportunities for Indigenous communities and paves the way to assert true control and direction over their culture, language, arts, and artifacts,” said Kila. “The potential impact of this work is boundless, promising a future where Indigenous heritage is respected, preserved, and celebrated.”
, comprised of experts in Native Hawaiian law, Indigenous intellectual property rights and cultural practitioners, was held at the Hawaiʻi State Capitol on June 24.){kind=link}