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OECD Culture and Local Development.pdf - PACA

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CONCLUSION - DESIGNING LOCAL PUBLIC POLICIES<br />

But some cultural product firms do not have the physical or human wherewithal<br />

to set up such systems, <strong>and</strong> this is where government could come in, if only to<br />

organise a local facility that they could all use.<br />

In some countries, museums have agreed to reserve space for local craft exhibits.<br />

There is an essential difference here between the normal “museum shop”, which<br />

sells products made for the most part outside the territory <strong>and</strong> therefore contributes<br />

little in the way of local value added, <strong>and</strong> these local product boutiques.<br />

• Many point to Internet sales as the miracle solution. Here we must distinguish<br />

two different selling situations, one where the order is placed via the Internet,<br />

<strong>and</strong> the other where the good is sold <strong>and</strong> delivered via the Internet. The issues<br />

involved here go well beyond the local level, though it is true that governments<br />

could help establish local sites.<br />

Avoiding another “tragedy of the commons”<br />

While this issue is much broader than the local development context, property<br />

rights pose a constant problem for promoting a territory’s cultural assets. Generally<br />

speaking, recognition of intellectual property rights is supposed to provide an<br />

incentive to creativity. Only in this way can creators hope to reap benefits from their<br />

activities <strong>and</strong> protect themselves from counterfeiting. Although this is a very controversial<br />

issue for those who insist that creativity does not respond to monetary incentives, it<br />

must be admitted that innovators will not be able to cover their costs unless they<br />

can make a profit over some period of time at least.<br />

Whatever approach to intellectual property rights is adopted, it must afford<br />

effective protection to creators. When it comes to local development this is not always<br />

the case.<br />

• Copyright applies only to unique creations, <strong>and</strong> provides a protection mechanism<br />

that must be initiated by the creators themselves, which is not always easy.<br />

• Moreover, the Internet is multiplying the challenges to this form of property to<br />

the point where some are rethinking it completely.<br />

• Patents could be a more useful form of protection here, since they can be<br />

enforced through government-organised mechanisms. But cultural works are<br />

rarely patented, because the award of a patent requires strict rules of originality<br />

<strong>and</strong> process.<br />

• We are left, then, with the idea of the trademark, which is generally the weakest<br />

of all forms of intellectual property.<br />

CULTURE AND LOCAL DEVELOPMENT - ISBN 92-64-00990-6 - © <strong>OECD</strong> 2005 161

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