STAND. COM. REP. NO. 2185

Honolulu, Hawaii

RE: H.C.R. No. 155

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred H.C.R. No. 155 entitled:

"HOUSE CONCURRENT RESOLUTION URGING THE ESTABLISHMENT OF A NATIVE HAWAIIAN INTELLECTUAL PROPERTY TASK FORCE TO DEVELOP A SUI GENERIS LEGAL SYSTEM TO RECOGNIZE AND PROTECT NATIVE HAWAIIAN CULTURAL INTELLECTUAL PROPERTY, TRADITIONAL CULTURAL EXPRESSIONS, AND GENETIC RESOURCES,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the establishment of a Native Hawaiian intellectual property task force to develop a sui generis legal system to recognize and protect Native Hawaiian cultural intellectual property, traditional cultural expressions, and genetic resources.

Your Committee received testimony in support of this measure from the Aha Moku Advisory Committee, O‘ahu County Democrats Legislative Priorities Committee, Waimea Hawaiian Civic Club, and two individuals. Your Committee received comments on this measure from the Office of Hawaiian Affairs.

Your Committee finds that the Native Hawaiian people's collective intellectual property rights are based on traditional, cultural knowledge developed over thousands of years and passed down from generation to generation. The western intellectual property system, developed to protect the rights of creators and inventors, does not adequately protect the rights of indigenous peoples to their collective, traditional knowledge, cultural expressions, and art forms. Consequently, disputes between indigenous peoples and third-party users of indigenous knowledge resources over ownership and control have steadily increased. Your Committee further finds that other indigenous peoples have developed strategies and sui generis legal frameworks or systems to protect their collective intellectual property rights and urges the establishment of a task force to develop a sui generis legal system to recognize and protect Native Hawaiian cultural intellectual property, traditional cultural expressions, and genetic resources.

Your Committee has amended this measure by amending the suggested membership of the task force to include the Aha Moku Advisory Committee.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 155, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 155, S.D. 1.

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

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MAILE S.L. SHIMABUKURO, Chair