Using the Māori concepts of tapu and noa to assess offensiveness of trade marks

Publicly released:
New Zealand
Photo by Sebastian Schuster on Unsplash
Photo by Sebastian Schuster on Unsplash

What makes a trade mark involving Māori language or culture respectful rather than offensive? A new paper explains how the Māori Trade Marks Advisory Committee uses tikanga Māori concepts tapu and noa to decide. The authors show that it depends on how tapu (sacred) or noa (everyday) the product itself is, and how tapu or noa the Māori words, concepts or symbols used are. They give examples of goods and services (like food) that are considered noa and products (like whakapapa information) that are considered tapu. Similarly, words like kawhe (coffee) are noa, while words like Papatūānuku (the land, or Earth Mother) are tapu. The author says this is one of the most effective ways to protect mātauranga Māori and taonga.

News release

From: Jayden Houghton (Rereahu Maniapoto), Senior Lecturer in Law at University of Auckland, and author of this research

"What makes a trade mark involving Māori language or culture respectful rather than offensive? This article examines the Tapu–Noa Matrix, a framework used by the Māori Trade Marks Advisory Committee to help answer that question. The Matrix uses tikanga Māori concepts such as tapu and noa to assess whether particular uses of Māori cultural elements are appropriate in a commercial context. The article explains how the Matrix works and demonstrates how it can be used to evaluate different trade mark applications. The findings offer a rare look at a decision-making tool that is not widely discussed outside trade mark practice. As Māori words, designs, stories and cultural references become more common in branding, there is growing public interest in how those uses are assessed. The Matrix provides a structured way of considering cultural significance and helps to support the respectful use and protection of Māori knowledge, culture and taonga."

Journal/
conference:
Journal of the Royal Society of New Zealand
Research:Paper
Organisation/s: University of Auckland
Funder: No funding. Open access publishing facilitated by The University of Auckland, as part of the Wiley - The University of Auckland agreement via the Council of Australasian University Librarians.
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