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dc.contributor.authorWiseman, Leanne
dc.contributor.editorHugh Brett, Rory Sullivan
dc.date.accessioned2019-01-29T00:42:40Z
dc.date.available2019-01-29T00:42:40Z
dc.date.issued2001
dc.date.modified2008-02-14T08:22:44Z
dc.identifier.issn01420461
dc.identifier.urihttp://hdl.handle.net/10072/16859
dc.description.abstractThe National Indigenous Arts Advocacy Association recently estimated that the Aboriginal and Torres Strait Islander arts and culture industry generates around $200 million a year. 1 With the growing international interest in Aboriginal and Torres Strait Islander art, it is likely that this figure will increase in the coming years. As with many other successful arts industries, the Australian Indigenous arts and culture industry is under threat from a growing number of fakes and rip-offs. A particular problem that faces this industry is the practice of non-Indigenous artistic works being passed off as if they were authentic Indigenous works. A number of different techniques are available under Australian law to protect against the increasing number of non-Indigenous people who manufacture and sell Indigenous artefacts at the expense of the Indigenous artistic community. These include the use of a registered trade mark; a collective mark 2 ; a certification mark 3 ; an action for passing off; an action under section 52 of the Trade Practices Act 1974 (Cth) 4 ; or the introduction of special legislation such as that introduced for the Sydney Olympic Games in 2000. 5 While each of these has their strengths, currently the preferred option is for two certification marks, referred to here collectively as the labels of authenticity. The labels of authenticity will serve to distinguish authentic Indigenous artistic goods and services from other products on the market. 6 Somewhat paradoxically, the relative success of recent copyright actions involving Indigenous art has increased the need for such labels. 7 This is because, in response to these decisions, pirates have shifted their attention away from the copying of individual works to the reproduction of styles of works: a matter which is particularly well suited to an Indigenous certification mark.
dc.description.peerreviewedYes
dc.description.publicationstatusYes
dc.languageEnglish
dc.language.isoeng
dc.publisherSweet & Maxwell
dc.publisher.placeLondon
dc.publisher.urihttp://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=460&productid=7061
dc.relation.ispartofpagefrom14
dc.relation.ispartofpageto25
dc.relation.ispartofedition2001
dc.relation.ispartofissue1
dc.relation.ispartofjournalEuropean Intellectual Property Review
dc.relation.ispartofvolume23
dc.subject.fieldofresearchLaw
dc.subject.fieldofresearchcode1801
dc.titleThe Protection of Indigenous Art and Culture in Australia: The Labels of Authenticity
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
dc.description.versionVersion of Record (VoR)
gro.rights.copyright© 2001 Sweet & Maxwell and its Contributors. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
gro.date.issued2001
gro.hasfulltextFull Text
gro.griffith.authorWiseman, Leanne G.


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