Six Steps for Value Creation in Heritage Brands

Six Steps for Value Creation in Heritage Brands

By Afro Leo   Tuesday, November 09, 2021   No comments:

From a legal perspective we know that brands are protected by a number of different laws including copyright, trade mark, design and even personality rights where, for example, the brand is linked to people. We know too that under these laws the legal owner has several rights that are linked to monetary consideration, compensation, or penalties. These include rights to costs, damages, reasonable royalties, accounts of profit and fines. This creates an economic market for these rights that can be traded, licensed, pledged and leveraged.

A heritage brand is a type of brand that is linked to culture which could be linked to language, tradition, or physical objects such as buildings or artefacts. In legal terms a heritage is linked to a property right that may be inherited or passed from one generation to the next. A brand, of course, is more than a distinguishing feature of a product or service, it is experiential in that it evokes meaning and feeling in those that encounter it. Heritage brands are therefore potentially very powerful and valuable to those who control them, both legally and intrinsically.

Africa is abundant in heritage. Its multiplicity of languages, traditions and ancient foundations mean that heritage, as a resource, is omnipresent. By attaching or symbolizing that heritage to and in a brand there are obvious opportunities for value creation. This value can simply be the control of that heritage for future generations, or it could be leveraged to create revenue streams. The value creation is protected and created, in a legal sense, largely through intellectual property laws.

Business has long recognized Africa’s potential for value creation in its heritage. From blockbuster films to hospitality, fashion and motor vehicles using or reflecting African culture and heritage, our worldwide consumer culture is replete with examples of these types of products and services. In most of these examples, local communities derive little or no benefit apart from the flattery that exists in such use and in some cases, the lack of control over such use threatens the very existence and fabric of their heritage. However, the astute business has managed to form partnerships with local communities to enhance the value of the brand and ensure its sustainability. For stakeholders, there are therefore good reasons to understand the potential value of heritage brands and their use.

Here are six steps towards protecting and controlling the value of heritage in a brand:

Audit the heritage: analyze the heritage through the lens of intellectual property to determine which features are protectable.

Rank and bank the rights: this involves understanding the costs and benefit of the protection, the international agreements for reciprocal protection of such rights and how the features in the audit can be used to cost effectively harness and capture the rights.

Identify the business model you wish to use: licensing, endorsing, certification, accreditation and enforcement models are all potentially available to you.

Ensure value creation for the community: this step requires patience, education and building trust. It also requires the delivery of real value to the community that is transparent and accountable.

Structure the venture: the structure needs to be efficient, protective of the IP, attractive to stakeholders (the public and potential funders) and transparent to achieve legitimacy. It requires good skill sets in each aspect of the delivery.

Communicate effectively: Governing, reporting and leadership are all very important in ultimate value creation.

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Guest Post: Taking Admiration too far?

Guest Post: Taking Admiration too far?

By Afro Leo   Wednesday, May 09, 2018   No comments:

Afro-IP's 2000th post touches on the interesting question of cultural appropriation. This opinion* is expressed by the CEO of Proudly South African Eustace Mashimbye (pictured below), whose organisation stresses the need to buy local to create local growth, and draws on recent examples of cultures increasingly being used to promote goods of others, without compensation. Let us know your thoughts especially in the light of traditional knowledge legislation in your country by emailing us here.

Taking Admiration too far?

They say there’s no such thing as a new idea, and that can go for the melody of a song, a novel’s storyline, or a fashion design. Proudly South African recently came out in defence of Laduma Ngxokolo in his case against retailer Zara when a range of socks that bore a striking resemblance to his Khanyisa cardigan design appeared in their stores. Zara subsequently discontinued sale of the socks, but stopped short of an apology, promising only ‘an internal investigation’.

The issue raises many interesting questions around cultural appropriation (or misappropriation), inspiration and copy catting. When is it OK for a company to take inspiration from a cultural group and use it in their music, textile design or whatever their narrative or medium is? Doesn’t it happen all the time? Can only an Italian open a pizza/pasta restaurant? Can only a Scotsman wear tartan? Was it OK for Louis Vuitton to use the Basotho blanket as inspiration for a garment that carried a R33 000 price tag? Is it OK for Dr, as she is now, Esther Mahlangu to replicate Ndebele designs and paint New York streets with them? Was it OK for Laduma to take inspiration from Xhosa culture for the patterns on his cardigans in the first place?

It is also said that imitation is the best form of flattery but when is admiration taken too far? Product development and evolution is a fact of life, but begs even more questions. Did Taxify copy Uber, or have they differentiated their product significantly enough other than on price? And what about the world of pharmaceuticals with the immediate entry into the market of generics when a drug licence expires? I heard for the first time a couple of weeks ago about drug ‘cloning’ – this is when the original drug manufacturer clones their product, replicates the packaging exactly but alters the name slightly, in order to retain a share of the generic market for their own drug.

It can be argued that licence expiry gives everyone a chance at accessing a lucrative

market, once the drug manufacturer has recuped the costs of research and development. Perhaps this business model should be adopted in other sectors. It makes it important for companies or original idea holders to register their trade mark, copyright their idea and establish their rights to their intellectual property. Registering a cultural emblem is one option for ethnic groups such as the Basotho to ensure cultural preservation of a design or artefact, but this may not translate into real protection in the commercial market place.

If we are to bring ethics into the issue of appropriation, for me the difference between Louis Vuitton’s use of Basotho cultural elements and MaXhosa by Laduma and even Mam’ Esther’s use of Ndebele designs is that the Basotho people did not benefit from LV’s sales in any way, whereas both Mam’ Esther and Laduma are using inspiration from their OWN cultures to create their artworks. In particular in Ngxokolo’s case, we know that his value chain in terms of local procurement has integrity and is ethical. The wool for his garments comes from Eastern Cape farmers, even though he could buy it more cheaply from overseas.

In researching this piece, I found another great example of ethical use of an ethnic group’s culture and this was by Brazilian luxury brand, Osklen whose Spring 2016 collection used symbols and references from the Amazonia Ashaninka tribe. In exchange for the use of Ashaninka elements in their designs, Osklen gave royalties from the collection to the tribe who also got a platform to raise awareness about their struggle to protect their land against illegal loggers. Now that’s a proper collaboration and engagement with someone whose original work or property you admire.

Susan Scafidi, founder of the Fashion Law Institute and author of Who Owns Culture: Appropriation and Authenticity in American Law, says , “designing with both inspiration and respect for other cultures in mind is a challenge that actually requires more creativity and transformative vision than just copying someone else’s culture and claiming it as your own.” and we would echo this.

We believe that Zara simply plagiarised a pattern by a fashion designer who in this case happens to be South African. Laduma is fighting his own legal case in this regard, but our gripe against Zara goes further. We are calling them out on 0% local South African content in their stores, even though they’re happy to ‘admire’ Laduma’s cardigan, put it on a pair of socks, call it their own and make money from it.

As for a song, this week I’ve chosen ‘ Izinja’ . Did Mapaputsi admire, copy or appropriate Baha Men’s Who Let the Dogs Out? You decide!

*This article is also published as an Opinion in BusinessReport and reproduced on request. Links and pics sourced by Afro-IP.

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Cultural immersion - 30th Zulu Reed dance in pics

Cultural immersion - 30th Zulu Reed dance in pics

By Afro Leo   Monday, September 08, 2014   No comments:

Zulu Chiefs in regalia

Maidens prepare to lay ceremonial reeds

Sun sets on Zulu maidens

Community building

Zulu chiefs perform

Maidens dance

and dance

and dance

King's minders

Procession

Queens look on

National pride

A King's speech

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Chinese agree to dismantle fake replica Sphinx

Chinese agree to dismantle fake replica Sphinx

By Jeremy   Monday, May 26, 2014   No comments:

Via Ron Yu (thanks, Ron!) we have received news of an affront to Egypt's avowed policy (see earlier Afro-IP post here) on the protection of its most celebrated cultural assets -- including the Great Sphinx of Giza. A giant replica of the Sphinx has been erected in China, in the Shijiazhuang district of Hebei.  Measuring 60 x 20 metres, this replica resulted in Egypt filing a complaint to UNESCO against China. The complaint asserts that the reproduction is inaccurate -- which could actually work to China's benefit in that the Egyptian law (which does not apply in China) only sought to address exact likenesses.

There has been a sequel.  The Chinese authorities are now reported to have agreed to destroy the replica which, mysteriously has in this report grown to 80 x 30 metres.

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Timbuktu sites: 'cultural' properties in desperate need of preservation

Timbuktu sites: 'cultural' properties in desperate need of preservation

By Anonymous   Friday, July 20, 2012   No comments:

Afro IP doesn't just carry topical issues on trade marks, patents, copyright and designs from Africa, we have also hosted pieces on proprietary issues in African culture, see here, here, here and here. To this end,  this blog is delighted to republished this guest post by Mohamed Jallow, a former interdepartmental associate at the Council on Foreign Relations, and now a program development specialist at IntraHealth International. Mohamed came to the United States as a refugee from Sierra Leone in 2003. This post, which was originally published here on the CFR's blog is entitled, "The Sack of Timbuktu". Here is what he said:

As a history buff, I have always been fascinated with the mystics of the ancient African city of Timbuktu. The city is renowned for its historical significance as the crossroads of civilizations. It is among the few places on the continent that still conjures up nostalgic images of Africa’s intellectual history and achievements. The great African empires of Songhai, Macina, and Mali all had roots in the city. In fact, most of modern West Africa can draw on Timbuktu’s long history of education, religion, and diversity.

So one would think Timbuktu is a city that all of Africa should be proud of.

But not the al-Qaeda linked militants of Ansar Dine. Since taking control of the city following the military coup, and subsequent breakaway of northern Mali (Azawad), the militants have gone on the rampage, destroying musoleums, monuments, and shrines that date back hundreds of years. They claim that the sites are not only un-Islamic, but that they encourage idolatory. They have vowed to continue their campaign to rid the city of all its “ungodly treasures.” Though the focus of the militants for now had been on shrines and musoleums, fears are growing that they might expand their crackdown to libraries that contain rare manuscripts that chronicle the region’s rich history and religious tolerance.

With Mali in disaray, the rest of the world watches in disgust and helplessness. UNESCO has called on the militants to stop the destruction of world heritage sites in what it called “repugnant acts,” and placed most of the city’s revered monuments and shrines on its most endangered list. The United Nations and the regional grouping ECOWAS continue to balk at military intervention after repeated attempts to resolve the political crisis. All the while, the senseless sacking continues.

Since the coup d’état that ousted the democratically elected government of President Amadou Toumani Toure, Mali has been plunged into turmoil, and the country split in two. Tuareg militiamen have declared independence in the north, while Ansar Dine has capitalized on the turmoil to not only desecrate northern Mali’s historical sites, but also to declare a strict interpretation of Sharia law in the territories it controls. Until the coup d’état, Mali was considered a bastion of African democracy, and was hailed as one of the few countries that “got it right.” That adage is now history.

Nevertheless, what continues to amaze me is the lack of outcry at Timbuktu’s desecration. I am not sure why the whole continent is not in uproar; after all, the city and its treasures are part of our collective African history and heritage, not just Mali’s. We in Africa are quick to dismiss western imperialism and the post-colonial plots to dilute Africa’s intellectual greatness, but muted in the desecration of a city that perhaps carries as much important historical significance than any other on the continent. What a shame.

 

From CFR.org. Reprinted with permission. For more analysis on terrorism and foreign policy, visit CFR.org.

Comment 

Afro Leo thanks the Council on Foreign Relations for its permission to republish this unfortunate but thought-provoking piece. He adds that it is equally a shame that this incident was not given appropriate coverage by well-known international media outlets. Digressing from the pertinent message, this little Leo was particularly drawn to the words, 'intellectual' and 'heritage', and how they were used by the author. If put together, the term conjure up the sort of discourse as highlighted in the introduction on intellectual property (IP) and intangible heritage such as, traditional knowledge, genetic resources and expressions of folklore. 

Cultural heritage and IP have one or two things in common: they can be regarded as property - either owned by a community of people or by one or two individuals - and are creations of the human mind or intelligence. The author's disappointment is shared by this Leo, who himself has witnessed IP apathy in most African countries. However, he is not quite sure whether there would be an uproar around Europe - in growth or in recession and with 24/7 media - if for example, Stonehenge and Avebury - although not comparable with the sites of Timbuktu- were to be violated.

So should African countries respect and value their cultural heritage -including intangible ones- more than the widely recognised IP?

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