title for Indigenous Marks note

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This note considers indigenous 'authenticity label' and 'origin mark' schemes in the US and other nations.

It covers -

     the US

In the US the 1990 Indian Arts & Crafts Act (IACA), aimed at protecting Indigenous cultural expression, has had an uneven reception.

The Act's administrators, the Indian Arts & Crafts Board, characterise it as

a truth-in-advertising law that provides criminal and civil penalties for marketing products as "Indian-made" when such products are not made by Indians, as defined by the Act.

Its origins and outcomes - not always as intended - are discussed in The Arbitrary Indian: The Indian Arts & Crafts Act of 1990 (Tulsa: Uni of Oklahoma Press 1997) by Gail Sheffield. The 1999 US Patent & Trademark Office report (PDF) on Official Insignia of Native American Tribes takes a dim view of the need for special protection for some cultural expression.





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version of November 2005
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