THE (MIS)APPROPRIATION OF INDIGENOUS CULTURAL ELEMENTS AS TRADEMARKS

ASSESSING NEW ZEALAND’S TRADEMARK REGIME AS A POTENTIAL MODEL FOR CANADA

Abstract

The practice of brand-building by appropriating elements of Indigenous culture as trademarks is ubiquitous worldwide. In Canada, trademark legislation offers little protection for Indigenous peoples from the misappropriation of traditional cultural expressions by non-Indigenous people. This paper examines New Zealand’s trademark legislation, and the accompanying Māori Trade marks Advisory Committee (“MTAC”) as a comparator to address the gaps in Canada’s trademark scheme. The paper proposes an enhanced version of the New Zealand regime that is broader in scope of protection and specific to the Canadian context.