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  6. The 'Minding Culture' report
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The 'Minding Culture' report

In 2000, WIPO commissioned Terri Janke to prepare ‘Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expectation’. Terms of reference were drawn up and consultation with community people and government representatives was conducted in 2000 over several months.

The result was that Terri Janke researched and wrote up eight case studies to show actual examples of where Australian Indigenous communities had used or attempted to use the intellectual property system. The case studies introduced readers to the strengths and weaknesses of the prevailing Australian legal system in protecting ICIP. The case studies dealt with:

  • ‘the carpets case’ (see 'Case Study 4: 'The carpets case'')
  • the use of trade marks to protect traditional cultural expressions
  • Bulun Bulun v R & T Textiles (see 'Case Study 5: John Bulun Bulun & M* v. R & T Textiles')
  • industrial designs and their application to Indigenous cultural material
  • the protection of Indigenous dance performances
  • the unauthorised reproduction of Indigenous rock art
  • the marketing and merchandising of art: Desart Trade Mark and copyright licensing
  • Indigenous art labels of authenticity (see 'The Label of Authenticity and the Collaboration Mark').

The report can be found on the World Intellectual Property Organisation’s website (www.wipo.int/tk/en/studies/cultural/minding-culture/index.html).

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