STAND. COM. REP. NO. 1967

Honolulu, Hawaii

RE: H.C.R. No. 108

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs, to which was referred H.C.R. No. 108, H.D. 1, 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,"

beg leave to report as follows:

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

Your Committees received testimony in support of this measure from one member of the Hawai‘i County Council, Council for Native Hawaiian Advancement, and eleven individuals. Your Committees received comments on this measure from one individual.

Your Committees find that Native Hawaiian people's collective intellectual property rights are based upon the traditional, cultural knowledge developed over thousands of years and passed down from generation to generation. Your Committees further find that the laws of the State do not expressly recognize and protect the collective intellectual property rights of the Native Hawaiian peoples. This measure will establish a Native Intellectual Property Working Group to address that issue.

Your Committees have amended this measure by:

(1) Adding the Association of Hawaiian Civic Clubs to the Native Intellectual Property Working Group;

(2) Specifying that a majority of the members, rather than a consensus, can include additional Native Hawaiian organizations;

(3) Changing the report submission deadline to forty days prior to the Regular Session of 2025; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 108, H.D. 1, as amended herein, and recommend its adoption in the form attached hereto as H.C.R. No. 108, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs,

________________________________ MAILE S.L. SHIMABUKURO, Chair

________________________________ KARL RHOADS, Chair