Stolen in Poland

In 2010, Bibi Barba googled herself and accidently came across a website from Poland whereby an interior designer was talking about her designs for the Eclipse hotel in Domaslaw Poland. But in fact it wasn't her designs at all, they belonged to Bibi Barba; an indigenous artist who lives on the other side of the world in Sydney. It was her art work titled Desert Flower that was now adorning every room in the 44 room hotel. Ewa Smuga, (the Interior designer) stated her work was “inspired by Bibi Barba “. However, her “inspired designs” were exact replicas of Bibi’s Desert flower.

Bibi embarked on an impossible 7 year legal battle to try and seek some sort of acknowledgement and compensation from both Ewa Smuga and the Hotel. It was a pointless exercise that was costing Bibi time and money to wait for the courts in Poland to hear her case. During this period, Bibi was invited to join UN-WIPO. (The United Nations World Intellectual Property Organisation in Geneva) She is part of an international Indigenous Caucus, that has, for the last 25 years, been deliberating over a treaty that will become an International Legislation, protecting all Indigenous IP. In September last year, the caucus finally agreed on a version of the treaty, which meant when they reconvened on the 24th May 2024, the Caucus members would finalise negotiations with 192 nations and then those Diplomatic Ambassadors will gather at The United Nations in Geneva and officially sign off on the treaty, making it a new international law. This will finally give Artists around the world peace of mind, knowing that their work is protected and will stop people around the world from stealing their IP.

We filmed this historic moment and Bibi was instrumental in the negotiations, so much so they fondly called it The Bibi Treaty and the head of WIPO asked if they could use another of Bibi’s paintings that hangs on the wall of WIPO, titled The Gathering of Nations, to use on the front of the Treaty. History made!

https://www.copyright.com.au/bibi/

https://nationalaboriginaldesignagency.com.au/news-media/hotel-designer-denies-copying-aboriginal-paintings/

https://www.sbs.com.au/nitv/the-point/article/indigenous-artist-faces-uphill-legal-battle-after-polish-hotel-allegedly-stole-her-art/mn98jjwyc

https://littonlegal.com.au/blog/indigenous-cultural-intellectual-property-naidoc-week-2021/