Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 167 entitled:

begs leave to report as follows:

The purpose of this measure is to recognize Native Hawaiians as traditional, indigenous-knowledge holders and to recognize their collective intellectual property rights.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, 'Ewa-Pu'uloa Hawaiian Civic Club, Ka Lahui Hawaii Political Action Committee, King Kamehameha Hawaiian Civic Club, Native Hawaiian Legal Corporation, Queen Emma Hawaiian Civic Club, Waikiki Hawaiian Civic Club, and two individuals.

Your Committee recognizes that the Native Hawaiian people have collective intellectual property rights that are based upon the traditional, cultural knowledge developed over thousands of years and passed down from generation to generation.

The value of Native Hawaiian traditional knowledge is exhibited in many forms, including through natural resource management principles, such as malama 'aina and the ahupua'a system, agricultural systems such as lo'i and loko i'a, la'au lapa'au, and ka ho'okele.

The value of Native Hawaiian cultural expressions and artforms are exhibited in many forms as well, including the use of ka 'olelo Hawai'i, hula, mele, oli, lei making, kapa making, wood carving, kakau, weaving, lua, and canoe building.

The western intellectual property system was developed to protect the rights of the creator and inventor; however, the system does not address the protection of indigenous peoples' rights to their collective traditional knowledge, cultural expressions, and artforms.

The issues relating to indigenous intellectual property rights have been addressed in many international forums, and other indigenous peoples have developed strategies and sui generis legal systems to protect their collective intellectual property rights and knowledge. Your Committee believes that this measure will take the first steps in recognizing Native Hawaiian people as indigenous, traditional knowledge holders and their status with respect to intellectual property rights.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 167 and recommends its adoption.