KAPAI: Maori words in brand names belong to ... (fwd)

[phil cash cash]

KAPAI: Maori words in brand names belong to ...

04.06.2007
By TOMMY KAPAI
http://www.bayofplentytimes.co.nz/localnews/storydisplay.cfm?storyid=3736657&thesection=localnews&thesubsection=&thesecondsubsection=

There are a couple of words found in the Maori dictionary that have very
similar meanings. One is awhi and the other is okooko. Basically they both
mean to cradle or embrace in your arms and are brilliant brand names for
bedding products.

In 1991 after a decade of travelling the world, I came home via Hawaii and
was horrified to see everything about the Hawaiian culture, especially its
language, was commercialised to the degree you had to speak Japanese to get
a job in tourism.

So I decided to trademark certain Maori words and iconic symbols such as kia
ora, kapai and the hongi to hopefully hold on to them for Maori for ever so
they wouldn't end up like the other lost languages of the world.

To counter the cost of policing this very expensive exercise I licensed the
brands out to a number of companies and from day one we always paid a
royalty to the Maori designers, something no other New Zealand company
using Maori brands or language has done, to my knowledge. Not even Kia
Kaha, the global golfing brand who came on stream years after Kia Ora
Clothing, pays royalties on original designs. It is something I have
discussed with [leading Kiwi golfer] Michael Campbell across the dinner
table when he launched the label.

Whenever I was approached by a Maori company to use our brands, they were
always given the green light at no cost. Many were naive about intellectual
property rights as were the artists who created the wonderful work we
displayed on everything from Maori blankets to Feltex carpets.

One Tauranga master carver who has since passed away asked for a meagre $50
for his design we used on Maori blankets but our company kaupapa saw his
royalty payments run into thousands of dollars.

At the same time many Maori, including my own, believed we were picking the
eyes out of Maori taonga and making huge commercial gains from it. This was
far from the case. Now into our 15th year, we are yet to make a profit but
many local organisations and artists have benefited, especially in whanau
fundraising such as Tauranga Intermediate School last year for a trip to
Thailand.

We have continued to lobby local and national companies to take on our
design concepts using a Maori brand to give them a culturally cool
international edge above and beyond their competitors.

So it was to my great surprise when I read in last Wednesday's Bay of Plenty
Times that a Tauranga company, which we had approached four years ago, had
as its managing director claimed in the story, come across the name okooko
as a brand for its 50 new stores. Was this coincidence or marketing
brilliance on his behalf?

Given that we already have brands Moemoea (to slumber) and Awhi (to embrace)
as manchester and soft furnishing brands I will leave that for to you to
sleep on.

Tomorrow at Orakei Marae, in Auckland, the final claims hearings of the Wai
262 claim to indigenous flora and fauna and cultural and intellectual
property rights begin.

Wai 262 seeks recognition of tino rangatiratanga or control and decision
making over taonga including Maori language and how it is used, by whom and
for what purposes, including commercial. This is to ensure the integrity of
Maori language is maintained and where third parties are using Maori
concepts including kupu (words) to make commercial profits, they will have
to get prior consent from Maori and a royalty may be charged.

This claim has gained international recognition including from the World
Intellectual Property Organisation and should be supported by all Kiwis who
care about our culture ending up in the hands of foreigners, as is the case
in Hawaii.

I have supported the Wai 262 claim led by kaumatua Del Wihongi and my aunty
Saana Murray and also Wellington lawyers Maui Solomon and Leo Watson
representing Te Rarawa, Ngati Kuri and Ngati Wai since its inception, as
this ethical framework has been the cornerstone of our company from day
one.

The traditional non-Maori device for protecting copyright and ownership, as
offered by intellectual property companies, in my experience only works for
the big boys with the big bucks, especially overseas where my friend Moana
Maniapoto cannot use her own name because it has been locked up by
corporate warriors of greed.

So getting back to Awhi and Okooko and who should benefit from the use of
the Maori language in a national and international brand. For my two bobs'
worth the answer is simple and that is Maori. Maybe the managing director
of Okooko is tangata whenua or is already channelling benefits back to the
origins of his cutting edge marketing campaign.

I guess it will either be ``The cheque is in the mail' or it could be
``cheque, mate'!

tommy at indigenius.org