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OECD Culture and Local Development.pdf - PACA

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3. PROMOTING LOCAL DEVELOPMENT BY CREATING CULTURAL PRODUCTS<br />

the transmission of knowledge was based on jealously guarded trade secrets, it will now<br />

be important to exchange experience, information <strong>and</strong> viewpoints <strong>and</strong> to emulate<br />

successful products for the benefit of the entire profession <strong>and</strong> its output. Agreements<br />

will be negotiated to respect codes <strong>and</strong> st<strong>and</strong>ards, <strong>and</strong> to present the sector as<br />

something new, <strong>and</strong> efforts will also be made to attract a new clientele on the basis of<br />

new skills 100 . This authentically “heritage” approach is similar to that of the old royal<br />

manufacturers <strong>and</strong> the quasi-museum approach, <strong>and</strong> it deepens the gulf between the<br />

old <strong>and</strong> new districts. The new trades may also try to present themselves as “heritage<br />

restorers” in a particular field, but this will not necessarily bring in new clients.<br />

Protecting intellectual property rights<br />

The protection of artistic property rights is a constant issue for products with a<br />

significant intangible content that can be readily copied as soon as they hit the<br />

market. Without the benefit of copyright or a patent, the producer has only his<br />

trademark to fall back on, <strong>and</strong> this is the weakest form of intellectual property<br />

protection.<br />

A question that is very much at issue today is how to protect a collective trademark,<br />

following the example of the appellations d’origine contrôlée. In many cases, producers have<br />

organised themselves in networks to come up with a logo or trademark, which they award<br />

only to members of the club, but this does not afford much protection, especially when<br />

those members are small enterprises or individual artisans. They will have trouble finding<br />

the means to enforce their rights, <strong>and</strong> in many countries they will have no chance at all.<br />

For many producers located in these districts, governments might try to win recognition<br />

of collective artistic property rights by the European Union <strong>and</strong> the WTO, but the<br />

debates currently underway suggests that the tendency is rather to reduce those rights<br />

where they exist (e.g. farm products) than to extend them into new areas.<br />

Counterfeiting is a great threat, <strong>and</strong> here the individual producer must look to<br />

his own protection, for the district cannot do it for him. This is all the more true in the<br />

luxury goods sector, where knock-offs may be defective in several aspects <strong>and</strong> can<br />

undermine the product’s overall image.<br />

Counterfeits are becoming increasingly dangerous because they can be sold<br />

along with the original in parallel markets. Moreover they are often linked to organised<br />

crime some countries, which makes it difficult to arrest the culprits. Traffickers<br />

sometimes make false objects from real ones: a watch, for example, may contain an<br />

authentic movement, <strong>and</strong> another may have an authentic case. They will be sold at<br />

prices only slightly lower than the original watch, <strong>and</strong> the average buyer will then have<br />

great difficulty distinguishing them either by their appearance or their price. There<br />

are also crude knock-offs that are made in Southeast Asia <strong>and</strong> sold at bargainbasement<br />

prices, particularly in centres of mass tourism. In this case, buyers are fully<br />

116 CULTURE AND LOCAL DEVELOPMENT - ISBN 92-64-00990-6 - © <strong>OECD</strong> 2005

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