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  3. Protecting Australian Indigenous art
  4. Background information
  5. Mechanisms for protection in Australia
  6. Passing off
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Passing off

The law of ‘passing off’ protects business reputation and goodwill. It can be used to stop other people ‘cashing in’ on an Aboriginal artist’s name or image, or on other distinctive features of their art work. For example, if a person or business creates and signs a certificate stating that a well-known Aboriginal artist made an artwork when this is not true and then sells the work, the well-known artist could bring an action against the person or business for misrepresenting that its goods are those of the artist.

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