Australian icons: Authenticity marks and identity politics

Rimmer, Matthew (2004) Australian icons: Authenticity marks and identity politics. Indigenous Law Journal, 3, pp. 139-179.

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This article evaluates the adoption and implementation of an Indigenous certification trademark system in Australia. Section II considers the use of copyright law, moral rights provisions and consumer protection laws to protect Indigenous cultural property in Australia. It suggests that there needs to be additional protection under trademark law - especially to deal with problems concerning communal ownership, material form and duration of protection. Section III evaluates the efficacy of the scheme for marks of authenticity established by the National Indigenous Arts Advocacy Association in November 1999. It contends that there were practical problems with the implementation of the scheme and symbolic concerns about the definition of authenticity applied under the regime. Section IV engages in a comparative analysis of other jurisdictions - such as New Zealand, Canada and the United States. It demonstrates that an Indigenous certification mark can be successful, given sufficient support and assistance. The article concludes that there needs to be a sui generis system to protect traditional knowledge at an international level.

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ID Code: 85358
Item Type: Journal Article
Refereed: Yes
Keywords: authenticity label, authenticity mark, Copyright law, Indigenous certification mark, Indigenous intellectual property, Moral Rights, Trade Mark Law, Trade Practices Act, traditional knowledge, Intellectual Property and Innovation Law Research Group
ISSN: 1703-4566
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 18 Aug 2015 05:10
Last Modified: 07 Sep 2015 01:39

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