Protection of Indigenous Artistic Works Against Unauthorised Reproduction : Has Australian Consumer Law Been Effective in Stopping Misleading and Deceptive Conduct in the Indigenous Art Market?

The misuse and exploitation of indigenous cultural and intellectual property created by and belonging to Australia's indigenous communities has been a longstanding concern and ongoing problem for many Aboriginal artists. The issue of authenticity has become a major concern for the Aboriginal art market, particularly in view of the increasing number of copied and forged indigenous cultural artefacts/materials in the market. This paper starts by examining the failure of existing intellectual property regimes to safeguard indigenous artistic works against unauthorised misuse. It then explores how Australian consumer law can be creatively utilised to stop unscrupulous and unethical trade in the indigenous art industry in Australia. This analysis will show that a new dynamic and creative interpretive approach to the Australian consumer law can offer protection to indigenous artists in a context in which existing intellectual property frameworks have patently failed. Finally, the paper examines international efforts to protect folklore on the basis of the WIPO Convention, considering whether it requires WIPO members to specifically protect their folklore and indigenous artistic works