Marketing Crafts and Visual Arts: The Role of Intellectual ... - WIPO

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ii ABSTRACT FOR TRADE INFORMATION SERVICES 2003 SITC 896 MAR INTERNATIONAL TRADE CENTRE UNCTAD/WTO (ITC) WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) 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 formal IP protection ought to be considered; explains how to implement marketing and IP strategies within a business framework and marketing management process; presents case studies and examples of 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, Switzerland WIPO, 34 chemin des Colombettes, 1211 Geneva 20, Switzerland The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the International Trade Centre UNCTAD/WTO and the World Intellectual Property Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Mention of firm names, commercial products and brand names does not imply the endorsement of ITC and WIPO. Digital image on the cover: Front cover photo composition by Laurena Arribat, ITC Multimedia Consultant, using photographs 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’; Christian Planchette, ITC, centre top right pictures of Mauritanian bangles; María-Mercedes Sala, ITC, the other craft and art pictures in both the central part and the frame of the composition. © International Trade Centre UNCTAD/WTO and World Intellectual Property Organization 2003 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the International Trade Centre and the World Intellectual Property Organization, except to the extent specified on page 3. ITC/P159.E/PMD/MDS/03-XI ISBN 92-9137-264-1 United Nations Sales No. E.03.III.T.8
Preface With the continuing liberalization and deregulation of the world trading system freeing the flow of goods and services, the international business environment is becoming increasingly competitive for creators and 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 constantly strive to improve the quality of their products and services, the production processes, their brand identity and 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 where marketing comes in. Marketing implies a market-driven, customer-centred approach. This is the reality for most categories of goods and services. For the craft and visual arts sectors, the marketing challenges come from many directions. At first sight, it would seem that machine-made products could easily be substituted for these essentially hand-made ones, especially in our knowledge-driven high-tech times: modern industry is enabling an increasing degree of mass customization and personalization of product offerings. Another challenge may come from the fact that the products of craftspeople and visual artists are not generally basic needs for consumers. As a result, consumption of these products may decline if consumer spending is down, especially during economic downturns. A key strength of artisans and visual artists lies in their creativity and craftsmanship in expressing it. This gives their output a distinct traditional, cultural or symbolic flavour, which arouses the interest and matches the emotional needs and aesthetic tastes of discerning customers in specialized niches of domestic and export markets. Even so, attracting and retaining consumers is a daunting task in an overcrowded marketplace, where consumers find ample choice and alternatives and where competitors are constantly searching for successful product trends. Given today’s instant information and communication facilities, coupled with the ease and speed of copying 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 is thus not just to produce and market winning new products that cater to changing consumer tastes, but also to prevent – or if unable to prevent then to effectively deal with – unfair competition or theft of their creative ideas. The intellectual property (IP) system is the best available tool for creating and maintaining exclusivity over creative and innovative output in the marketplace, albeit for a specified maximum period of time. The effective use of IP can also help artisans and visual artists to develop networks and relationships not only with end consumers, but also with all the links in the supply and demand networks. If artisans and visual artists are to get a fair return from their creativity in the marketplace, it is important for them to follow a planned and systematic marketing strategy which integrates the use of the tools provided by the system of IP rights. This must begin with a basic understanding of the principles of marketing and of the IP system, along with a broad recognition of the value of IP assets in marketing and practical guidance in making proper use of them. The highly competitive nature of the marketing process compels each country to protect culture-based goods as a substantial part of its national cultural heritage. This is especially relevant for many developing countries and countries in transition, in which the role of the craft and visual arts sectors can prove to be pivotal for sustainable development and poverty reduction. For policy-makers in government, business and civil society in these countries, defending the interests of artisans, craft entrepreneurs and visual
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