Indigenous Law Journal

at the University of Toronto

Australian Icons: Authenticity Marks and Identity Politics

Author:
Matthew Rimmer

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.

Bio:

MATTHEW RIMMER, B.A. (Hons.), LL.B (Hons.) (Australian National University), Ph.D. (University of New South Wales), is a Lecturer at the Australian Centre for Intellectual Property in Agriculture ("ACIPA"), Faculty of Law, Australian National University. The author is grateful for the assistance of Wayne Shinya of Industry Canada and Carolyn Watts of the Australia Council, and the comments of the referees. He is indebted to Elsa Gilchrist and Krishna Rajendra for their research assistance.

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