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The Supreme Court Dismissed Kiwit Tribe State Compensation Litigation by Ruling – The Council of Indigenous Peoples Respects the Court Decision and Hopes to Reconcile with the Kiwit Tribe

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  • Online Date:2025/08/22
  • Modification Time:2025/07/14 10:29:10
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Regarding the Kiwit Tribe performing a warrior dance at the Austronesian Forum Opening Ceremony held by the Council of Indigenous Peoples in 2018, the tribe claims that its traditional intellectual creations were infringed upon and filed a lawsuit for state compensation. The Supreme Court recently dismissed the litigation via overruling. The Council of Indigenous Peoples stated, "We respect the court decision and will continue to improve relevant laws. Furthermore, we hope to have further communications with the tribe to seek reconciliation and resolve the dispute as soon as possible."

The Council of Indigenous Peoples stated that the "fair use" system has always been the key balancing mechanism in the field of intellectual property, which aims to balance the protection of IP rights holders and the public interest of promoting cultural development to avoid excessive protection from hindering cultural development. This is also the legal principle underpinning the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples and the Copyright Act, which is particularly crucial for promoting and correctly disseminating indigenous peoples' culture.

The Council of Indigenous Peoples further stated that there are 27 articles regarding "fair use" in the Copyright Act, with specific standards. Meanwhile, the regulations of "fair use" in the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples are still insufficient. Although the judiciary recognized firmly that this case complied with "fair use" during the review process, some review standards indicated that the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples could be further improved in terms of "fair use" judgment. As the competent authority, the Council of Indigenous Peoples will continue to improve this mechanism so that the perceived gap between rights holders and users can be bridged to prevent similar disputes from occurring in the future.

The Council of Indigenous Peoples that it has been decades since the implementation of the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples and various kinds of copyrights under the act have been issued to protect the traditional culture of tribes. However, some tribespeople may have misunderstanding or doubts about the relevant regulations. The Council of Indigenous Peoples will proceed to deliberate and evaluate the relevant regulations of the Protection Act for the Traditional Intellectual Creations of Indigenous Peoples to ensure the protection system of traditional intellectual creations of indigenous peoples is comprehensive.