Protected Names

A number of names and symbols have been reserved under various legislation, and may either be unavailable for public use, or unable to be protected. Examples of this latter category will include national icons such as the silver fern leaf, and the kiwi (national bird) except in a highly stylised form.

The consideration of indigenous rights may also preclude the use or protection of words and symbols having local cultural meaning. Words in foreign languages which are identical in spelling, or phonetically similar, to words in the Maori language may also be assessed in this regard.

Consideration of indigenous rights in relation to copyright in artistic works are also applicable, particularly if the work may have some real or perceived cultural significance.
The use of native plants, and substances isolated therefrom, in patent and plant variety right applications have also been the subject of indigenous rights issues, and cannot be said to have been completely resolved.