Marketing Crafts And Visual Arts: The Role Of Intellectual .
International Trade CentreU N C TA D / W T OMarketing Crafts and Visual Arts:The Role of Intellectual PropertyA practical guide
iiABSTRACT FOR TRADE INFORMATION SERVICES2003SITC 896MARINTERNATIONAL TRADE CENTRE UNCTAD/WTO (ITC)WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)Marketing Crafts and Visual Arts: The Role of Intellectual Property: A practical guideGeneva: ITC/WIPO, 2003. xiii, 135 p.Guide dealing with the relationship between successful marketing of crafts and visual arts, and theappropriate use of intellectual property (IP) system instruments - points to situations where obtainingformal IP protection ought to be considered; explains how to implement marketing and IP strategieswithin a business framework and marketing management process; presents case studies and examplesof managing IP assets in marketing from the craft and visual arts sectors in developing countries;includes bibliographical references (pages 134–135).Subject descriptors: Works of Art, Crafts, Intellectual Property.English, French, Spanish (separate editions)ITC, Palais des Nations, 1211 Geneva 10, SwitzerlandWIPO, 34 chemin des Colombettes, 1211 Geneva 20, SwitzerlandThe designations employed and the presentation of material in this publication do not imply theexpression of any opinion whatsoever on the part of the International Trade CentreUNCTAD/WTO and the World Intellectual Property Organization concerning the legal statusof any country, territory, city or area or of its authorities, or concerning the delimitation of itsfrontiers or boundaries.Mention of firm names, commercial products and brand names does not imply the endorsementof ITC and WIPO.Digital image on the cover: Front cover photo composition by Laurena Arribat, ITC Multimedia Consultant, usingphotographs courtesy of: Serigne Mor Niang (‘Mara’), centre bottom left pictures of ‘Gangunaay’ and ‘Pile of shells’;Moussa Mballo (through Youssou Soumaré), centre bottom right picture of his painting ‘Debbo’; ChristianPlanchette, ITC, centre top right pictures of Mauritanian bangles; María-Mercedes Sala, ITC, the other craft and artpictures in both the central part and the frame of the composition. International Trade Centre UNCTAD/WTO and World Intellectual Property Organization 2003All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in anyform or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without priorpermission in writing from the International Trade Centre and the World Intellectual Property Organization, exceptto the extent specified on page 3.ITC/P159.E/PMD/MDS/03-XIISBN 92-9137-264-1United Nations Sales No. E.03.III.T.8
PrefaceWith the continuing liberalization and deregulation of the world trading system freeing the flow of goodsand services, the international business environment is becoming increasingly competitive for creatorsand providers of all kinds of craft and visual arts products. Consumers now have tremendous choice.Artisans, craft entrepreneurs, visual artists and all the intermediaries in the supply chain must constantlystrive to improve the quality of their products and services, the production processes, their brand identityand the effectiveness of their marketing strategies, if they wish to improve their business performance,productivity and competitiveness and win the hearts and minds of customers. Understanding the market,particularly the behaviour of consumers and competitors, is the key to success for any business.Identifying a demand and then working backwards – before making a product – is a must. This is wheremarketing comes in.Marketing implies a market-driven, customer-centred approach. This is the reality for mostcategories of goods and services. For the craft and visual arts sectors, the marketing challenges come frommany directions. At first sight, it would seem that machine-made products could easily be substituted forthese essentially hand-made ones, especially in our knowledge-driven high-tech times: modern industry isenabling an increasing degree of mass customization and personalization of product offerings. Anotherchallenge may come from the fact that the products of craftspeople and visual artists are not generallybasic needs for consumers. As a result, consumption of these products may decline if consumer spendingis down, especially during economic downturns.A key strength of artisans and visual artists lies in their creativity and craftsmanship in expressing it. Thisgives their output a distinct traditional, cultural or symbolic flavour, which arouses the interest andmatches the emotional needs and aesthetic tastes of discerning customers in specialized niches ofdomestic and export markets. Even so, attracting and retaining consumers is a daunting task in anovercrowded marketplace, where consumers find ample choice and alternatives and where competitorsare constantly searching for successful product trends.Given today’s instant information and communication facilities, coupled with the ease and speed ofcopying and imitation, the market can simply get flooded with look-alike products or downright copies,which are also known as ‘counterfeits’ or ‘forgeries’. The real challenge for artisans and visual artists isthus not just to produce and market winning new products that cater to changing consumer tastes, butalso to prevent – or if unable to prevent then to effectively deal with – unfair competition or theft of theircreative ideas. The intellectual property (IP) system is the best available tool for creating andmaintaining exclusivity over creative and innovative output in the marketplace, albeit for aspecified maximum period of time. The effective use of IP can also help artisans and visual artists todevelop networks and relationships not only with end consumers, but also with all the links in the supplyand demand networks.If artisans and visual artists are to get a fair return from their creativity in the marketplace, it isimportant for them to follow a planned and systematic marketing strategy which integrates theuse of the tools provided by the system of IP rights. This must begin with a basic understanding ofthe principles of marketing and of the IP system, along with a broad recognition of the value of IP assetsin marketing and practical guidance in making proper use of them.The highly competitive nature of the marketing process compels each country to protect culture-basedgoods as a substantial part of its national cultural heritage. This is especially relevant for many developingcountries and countries in transition, in which the role of the craft and visual arts sectors can prove to bepivotal for sustainable development and poverty reduction. For policy-makers in government, businessand civil society in these countries, defending the interests of artisans, craft entrepreneurs and visual
ivartists against unfair competition is becoming critical in order to underpin their commercial success andtheir contribution to individual and collective wealth creation, as well as to preserve cultural identity anddiversity.WIPO and ITC have joined hands to improve information dissemination, awareness creation andcapacity building in their client countries, to explain the decisive links between successful marketing andthe appropriate use of the tools of the IP system. In this spirit, this Guide attempts to demystifymarketing and IP by underlining the practical relevance of both – and their interdependence – inresponding to the economic or business needs of artisans, craft entrepreneurs and visual artists. Thisunderstanding should allow them to create and retain a competitive edge in the marketplace and to makemeaningful profits based on their creativity, expertise, skills and enterprise – and by using fair means.Kamil IdrisDirector-GeneralWorld Intellectual Property OrganizationJ. Denis BélisleExecutive DirectorInternational Trade Centre
AcknowledgementsJohn Ballyn, consultant to ITC and main co-author of the Guide, carried out research and wrote the coretext on marketing issues.Juan David Castro, consultant to WIPO, carried out research and wrote the initial draft text onintellectual property issues.Lien Verbauwhede, WIPO Consultant, Small and Medium-Sized Enterprises Division, and mainco-author of the Guide, carried out research, wrote the core text on IP issues, coordinated the WIPOinput, and consolidated the work of the entire Guide on behalf of WIPO.María-Mercedes Sala, ITC Senior Market Development Officer for artisanal products and culturalindustries, provided John Ballyn with technical and overall advice, carried out research, contributed textand case studies, and coordinated the preparation and editing on behalf of ITC.Guriqbal Singh Jaiya, WIPO Director, Small and Medium-Sized Enterprises Division, spearheadedresearch, provided strategic guidance, contributed text and case studies, and harmonized othercontributions on behalf of WIPO.Marie-Claude Frauenrath, ITC Associate Expert, provided assistance.The contributions of the following people are much appreciated.For drafting background texts for the case studies:Suman Dhakwa, the proprietor of ‘Valhalla Enterprises’, a Nepalese silversmithing business;Nadim Michel Kalife, the proprietor of ‘Le Petit Prince’, a Togolese wooden craft entrepreneur andexporter;Serigne Mor Niang ( ‘Mara’), a Senegalese plastic artist and designer; and Youssou Soumaré, a Senegalesejurist and copyright specialist.For providing technical written comments:Philippe Baechtold, WIPO Head, Patent Policy Department, Patent Law Section;Susanna Chung, WIPO Consultant, Traditional Creativity and Cultural Expressions Section, TraditionalKnowledge Division;Denis Croze, WIPO Head, International Law Development Section;Candra N. Darusman, WIPO Consultant, Cooperation for Development Bureau for Asia and the Pacific;Martha Parra Friedli, WIPO Senior Legal Officer, Trademarks, Industrial Designs and GeographicalIndications Department;Rosina Piñeyro, WIPO Programme Officer, Copyright Collective Management Division;Wolfgang Starein, WIPO Director, Enforcement and Special Projects Division;Wend Wendland, WIPO Head, Traditional Knowledge Division; andHeike Wollgast, WIPO Associate Officer, Administrative Support Services and External Relations.Alison Southby edited the Guide. Isabel Droste was responsible for copy preparation and final copyediting. Both are ITC staff members.
ContentsPrefaceiiiAcknowledgementsNotevxiiiCHAPTER 1IntroductionAbout this GuideThe intended audienceUsing the Guide1122CHAPTER 2Definitions and outlineCrafts and visual artsDefinition of craft productsCharacteristics of an artisan and a craft enterpriseDefinition of visual artsCharacteristics of visual artists and their workIntellectual propertyDefinition of intellectual propertySome key characteristics of intellectual propertyOverview of the types of intellectual propertyHow to convert intellectual output into intellectual property445677778911CHAPTER 3Understanding the value of intellectual propertyChallenging business and market environmentBasic ingredients of business successWhat is a quality product?12121313What is a distinctive brand?13What is effective marketing?14Access to knowledge as added value14Knowledge and its relevance to businessWhat is the problem with knowledge?1515What is special about IP?16Preventing others from free-riding on one’s own knowledge17Why is intellectual property crucial in crafts and visual arts marketing?Basic requirements for enjoying the benefits of IP assets1718
viiiCHAPTER 4Linking intellectual property to business developmentand marketing throughout the business cycleMarketing defined – an outlineMarketing fundamentalsMarketing fundamentals for artisans and craft enterprisesMarketing fundamentals for visual artistsUsing an artist’s agentMarketing aloneExhibitionsApplying for commissions or entering competitionsRelevance of intellectual property at the various stages of the business cycleMarket researchMarket research for artisans and craft enterprisesIdentifying new marketsLocationsConsumer typesSeeking out market niches and product ideasIdentifying promotional materials and methodsMarket research for visual artistsDesk researchResearch in target countriesMarketing strategyMarketing strategies for artisans and craft enterprisesMarketing strategies for visual artistsIntellectual property in marketing strategies for artisans, craft enterprises and visual artistsBusiness, marketing and product development planningBusiness planPlanning a distinctive image or identityCreating labelling, packaging and promotional materialsLabelsPackagingPromotional materialProduct development and adaptationProduct design processSample making stageProduct costing and pricingCostingPricingTest marketingProduct promotion and product launchOrder processing, customer relations and qualityAnalysis of product sales and new market 3031323434383939394042434545454648495153CHAPTER 5How to protect crafts and visual artsCopyrightWhat is copyright?What rights does copyright grant? Why is copyright relevant for artisans and visual artists?What are the requirements for obtaining copyright protection?Are crafts and visual arts works covered by copyright?565656565758
ixWhen is a work considered to be ‘derived from’ the work of someone else?How is copyright protection acquired?Do artisans and visual artists need to place a copyright notice on their works?How long does copyright last?Who owns the copyright in a work?What is not protected by copyright?What is ‘fair use’ or fair dealing’?What is meant by ‘in the public domain’?How can artisans and visual artists know if something is in the public domain?Can a visual artist make a painting or sculpture based on a photograph?If artisans or visual artists sell their work, do they lose their copyright over it?Is there such a thing as international copyright protection?How can artisans and visual artists use their copyright to earn income?What is collective management of copyright?What are resale rights?Are there any copyright issues to pay attention to before lending works for public display?When is copyright infringed?What to do in case of copyright infringement?Industrial designsWhat is an industrial design?Can design embodied in crafts and visual arts products be protected as an industrial design?What rights does an industrial design grant?Why are industrial designs relevant to crafts and visual arts?How can design protection be obtained?Are there designs which cannot be registered?Are there any specific conditions or criteria for registration of an industrial design?What is the registration process?Are there alternative ways to protect an industrial design?Can there be dual protection by industrial design rights and copyright?Can there be dual protection by industrial design rights and trademark rights?How long does industrial design protection last?How long and where should an industrial design registration be maintained?When should artisans and visual artists apply for registration of an industrial design?How important is it to keep the design confidential before registration?What is a ‘grace period’?Can a design be displayed at an exhibition or fair prior to protecting it?How much does it cost to protect and manage an industrial design?Who owns the rights over an industrial design?Is it useful to use a design notice?How can infringement of design rights or copyright of others be avoided?How can artisans and visual artists enforce their design rights?TrademarksWhat is a trademark?Why are trademarks relevant for crafts and visual arts?Why should artisans and visual artists protect their trademarks?How is a trademark protected?Is it compulsory to register a trademark?Can artisans and visual artists register their name as a trademark?Is the registration of the trade name of a business sufficient for getting trademark protection as well?What are the main reasons for rejecting an application for trademark registration?What makes a good trademark?How long does it take to register a trademark?How long is a registered trademark protected?How much does it cost to protect and manage a 747475757576777777
xHow to find out if a proposed trademark is likely to conflict with registered trademarks?What is a trademark search?Is trademark registration valid internationally?Should artisans and visual artists register their trademarks abroad?How can a trademark be registered abroad?If an artisan or visual artist asks or commissions another person or a company to createa trademark, who owns it?Why is it important to use a trademark? What is meant by ‘using’ a trademark?How should artisans and visual artists use their trademark?What should artisans and visual artists keep in mind while using their trademarks on the Internet?What is a domain name and how does it relate to trademarks?Can artisans and visual artists license their trademarks?Can artisans and visual artists sell or assign their trademark?What should artisans and visual artists do if someone infringes their trademark rights?Collective marksWhat is a collective mark?What is the difference between collective marks and individual marks?Why are collective marks relevant for artisans and visual artists?Who can apply for a collective mark? How can it be protected?Who can use a collective mark?Can a collective mark be used together with an individual trademark?Can a collective mark be licensed?Certification marksWhat is a certification mark?What is the difference between certification marks and collective marks?What is the difference between certification marks and individual marks?Why are certification marks relevant for artisans and visual artists?Who can apply for a certification mark?Who can use a certification mark?Can a certification mark be used together with an individual trademark?Geographical indicationsWhat is a geographical indication?Can geographical indications be used for craft and visual arts products?Why are geographical indications relevant for artisans and visual artists?Why do geographical indications need protection?How is a geographical indication protected?How are geographical indications protected at the international level?Trade secretsWhat are trade secrets?Why are trade secrets relevant for artisans and visual artists?What qualifies as a trade secret?How can trade secrets be protected?How can artisans and visual artists protect their trade secrets?What rights does the owner of a trade secret have?What can artisans and visual artists do if someone steals or improperly discloses their trade secrets?What are the disadvantages of trade secret protection?When should artisans and visual artists opt to protect information as a trade secretand not seek a patent?Patents and utility modelsWhat is a patent?What kind of protection does a patent offer?What rights does a patent owner have?What inventions can be protected?How is a patent granted?Who grants 909191919292
xiHow long does it take to obtain a patent?Are patent applications disclosed to the public?How much do patents cost?What is a utility model?Why are patents and utility models relevant for crafts and visual arts?Traditional knowledge and cultural expressionsProtecting intellectual property abroadWhy should artisans and visual artists protect their intellectual property abroad?In which countries should artisans and visual artists protect their IP?When to apply for protection abroad?How to obtain protection abroad?What is parallel importation? What is exhaustion of intellectual property rights?Commercializing intellectual propertyWhat is licensing and how does it work?Why should artisans and visual artists
Marketing Crafts and Visual Arts: The Role of Intellectual Property: A practical guide Geneva: ITC/WIPO, 2003. xiii, 135 p. Guide dealing with the relationship between successful marketing of crafts and visual arts, and the appropriate use of intellectual property (IP) system instruments - points to situations where obtaining
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