STAND. COM. REP. NO.  1978

 

Honolulu, Hawaii

                , 2023

 

RE:   H.C.R. No. 108

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 108 entitled:

 

"HOUSE CONCURRENT RESOLUTION URGING THE ESTABLISHMENT OF A NATIVE HAWAIIAN INTELLECTUAL PROPERTY WORKING GROUP TO DISCUSS POLICIES AND LEGISLATION WITH RESPECT TO NATIVE HAWAIIAN INTELLECTUAL PROPERTY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to urge for the establishment of a Native Hawaiian Intellectual Property Working Group to discuss policies and legislation with respect to Native Hawaiian Intellectual Property.

 

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, the Department of Business, Economic Development and Tourism (DBEDT), Kahuli Leo Lea, Maui Council of the Association of Hawaiian Civic Clubs, Hydroponics Alternatives LLC, and fifteen individuals.

 

     Your Committee finds that the laws of the State recognize the traditional customary rights of Native Hawaiians but do not expressly recognize and protect the collective intellectual property rights of the Native Hawaiian peoples, thus necessitating the establishment of a Native Hawaiian Intellectual Property Working Group.

     Your Committee has amended this measure by:

 

     (1)Incorporating the suggested amendment of numerous testifiers to add following items beginning on page 2, line 32:

 

     (A) WHEREAS, on October 3-5, 2003, the Paoakalani Declaration was compiled at the Native Hawaiian Intellectual Property Rights Conference to express Native Hawaiians' "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."

 

     (B) WHEREAS, on August 21-22, 2021, the international coalition of kumu hula, Huamakahikina, convened to form and ratify the Huamakahikina Declaration on the Integrity, Stewardship, and Protection of Hula which states "There is insufficient protection for Kanaka Maoli culture and knowledge maintained, and embodied by, Hula. This includes infringement of the intellectual property rights to which Kumu Hula are entitled with respect to the Hula resources they steward and create."

 

(2) Incorporating the suggested amendment of numerous testifiers to add the following item beginning on page 3, line 30:

 

(A) BE IT FURTHER RESOLVED, that the members of the Native Hawaiian Intellectual Property Working Group and the named organizations and entities will have the authority to include additional Native Hawaiian organizations and entities through consensus at their discretion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 108, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 108, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

DAVID A. TARNAS, Chair