Marketing aboriginal art: an intellectual property fiction?

This paper argues that legality is not enough in seeking to solve the problems caused by charlatans and carpet baggers in the Australian Aboriginal art market. It examines the role of social marketing initially posited for the health sector and seeks to apply its strategies to the Aboriginal art market. The author draws comparisons between successes in health and the need for successes in the Aboriginal art market. It suggests that social marketing has been overlooked as a way forward for the Aboriginal art market. The paper concludes by stating that conditions will not change with quick-fix legal solutions sought for complex problems. They are an intellectual property fiction.

Aboriginal art market : intellectual property case studies

The Indigenous Art Market: Intellectual Property Case Studies project is a national study aiming to gain an overview of how intellectual property issues intersect with the Indiegenous artists and the Indigenous art market in Australia. The initiative comes from the Deakin University Centre for Leisure Research Management with funding from the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS

Authorship, authenticity and intellectual property in Australian Aboriginal art

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists’ relationship different to other artists’ individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006–8.

Professional artists in Vietnam : intellectual property rights, economic and cultural sustainability

The article outlines the legal context for Vietnamese artists that is not discussed in other literature, including the scarcity of data on the art market, the reasons for failure to enforce intellectual property (IP) rights and legal contracts, and the rapid growth of private-sector art dealing that makes an examination of the legal context so essential. The author's field research in Vietnam since 2003 is linked to analyses of Vietnam's art market and to civil codes and other international agreements that determine professional artists’ IP rights. This illustrates the reasons why IP rights have not been enforced or arbitrated in Vietnam. The author includes a discussion of the importance of enforcing IP law for the maintenance of artists’ incomes and careers, the development of a national art market, and for innovation and cultural sustainability in Vietnam.

The role of entrepreneurship education in the commercialization of intellectual property at Canadian universities

In this research paper, we explore the relationship between the commercialization of intellectual property created within Canadian universities and academic entrepreneurship education programs. The steady growth and importance of both these activities over the last twenty years highlights the value of empirically examining the linkages that may exist between them. This paper will endeavor to add to the limited research in these areas and provide both empirical evidence and theoretical support to improve definition and distinction of the roles of these two seemingly interrelated activities. The data tested suggest that the main driver of commercialization intensity is derived from the creation of an environment rich in IP. However, further study is required to enhance understanding. In particular, we need to know more about the impact that the development of entrepreneurial capacity within an institution may have upon the spin-out process.

Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.