Lawyers' war dance: tribal ritual = intellectual property?

• Author: Winkler, Jeff
• Position: Citings - Brief article

IN FEBRUARY the New Zealand government declared the Ka Mate baka to be the intellectual property of the Ngati Toa tribe. The haka, a traditional Maori war dance, is performed before games by the New Zealand national rugby team, the All Blacks.The team also uses the dance for promotional and marketing purposes, to the dismay of many in the tribe, who say they're tired of companies profiting from the Ka Mate.

The deal was meant to "protect the haka from inappropriate use" Ngati Toa chief negotiator Matiu Rei told the London Telegraph. Prime Minister John Keys said the agreement was about "cultural redress...not about a financial issue or an attempt to restrict New Zealanders."

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The Ngati Toa's first target: England's Royal Shakespeare Company. The thespians enraged Maori activists by mimicking the haka in an adaptation of The Taming of the Shrew.The show, which ended its year-long run on March 7...