Living the dreamtime

Name: Gayle Heron
Business: Li’TYA
Industry: Skincare
IP smart since: June 2003
Embracing indigenous healing therapies has created
a thriving business for Melbourne entrepreneur Gayle
Heron – and a deep sense of responsibility to
protect Aboriginal cultural traditions.
Selling skincare and health treatments that draw from
ancient Aboriginal traditions is both a privilege and
a burden for Gayle Heron.
The founder of Li’TYA, a leader in the luxury
spa market, Heron says protecting protocols around Aboriginal
healing philosophies can be challenging.
“With a lot of the healing it’s really a
trust element where you share this knowledge and you
expect it to be treated with respect,” she says.
“It’s quite a difficult concept to own,
but trade secrets and confidentiality agreements can
be useful when using convention IP regimes aren’t
appropriate.”
Li’TYA, an Aboriginal name meaning ‘of the
earth’, is booming on the back of its skincare
and spa product lines. Using ingredients such as guangdong,
lillypilly and wild rosella flowers, the Melbourne-based
company is using the natural healing properties of native
plants to pamper people.
Set up in 1997, Li’TYA now boasts 14 staff and
has spa agreements with 71 outlets around the world.
A new distribution deal in Britain signals the start
of an exciting new phase of the business. Heron explains: “We’ve been very reactive
in our growth (previously), but now we are actively
starting to put in place some distribution agreements
overseas.”
In the blood
Growing up, Heron had early exposure to the skincare
industry courtesy of her father, an industrial chemist
who formulated products for major skincare companies. Later, while working as a photography teacher, she expressed
an interest in using Australian native plants to develop
skincare products. Heron’s father agreed to help
– on the proviso that she did the onerous research.
What followed was a decade of work to create a skincare
range under the retail label of Baiame, an Aboriginal
ancestral hero. Over the years Heron sought out Aboriginal
elders to learn about their healing philosophies, admitting
the response was mixed. “There were people willing to help and there were
others (who thought) ‘what’s a white woman
doing getting involved in this stuff’,” she says.
One elder, Kakkib li’Dthia Warrawee'a, a spiritual
advisor, befriended Heron and promised to teach her
his healing techniques. To this day, she feels the responsibility
of being true to his methods. “I had to make a pledge almost with him that I’d
do the best I could to not have it exploited or turned
into a gimmick.”
As Li’TYA’s success has grown, Heron has
strived to repay her early indigenous advisers through
initiatives such as Bunjil Foundation, a non-profit
organisation that provides cultural, educational and
spiritual assistance to Aboriginal communities throughout
Australia with close consultation with recognised elders.
The foundation is partly funded by a percentage of Li’TYA
product sales.
A breakthrough business moment came in 2000 when Li’TYA
launched in the prestigious Mandarin Oriental Hotel
in Macau and the brand has spread from there.
Giving the additional cultural sensitivities, Heron
has been conscious from day one of protecting trade
marks. “I did not bring a product out until I’d
had the Li’TYA name trade marked,” she says.
Intellectual property rights and brand, Heron argues,
are inextricably linked. “I think that’s what your business is about.
It’s really important. That’s what I’ve
been doing – building a brand – and to me
that is the success of the business.”
Brand security
As Heron expands overseas, protecting the Li’TYA
brand will become even more difficult. Heron moves quickly
to secure IP protection whenever it enters a new market.
Li’TYA has already experienced IP problems at
home. Some Australian spas have copied Heron’s
concepts and treatments “and put their own names
on them – even to the extent of using our images
and our wording”.
Legal letters have been sent to one particularly “blatant” offender, but Heron still takes the pragmatic view that
she must first concentrate on her own business.
Pursuing legal action is often expensive: “It’s
the money and time – and both are very precious.”
“It’s a difficult choice because you can
spend a whole lot of time chasing them and suing them
and taking your eye off the ball of running your own
business. Unless I am being infringed and seeing it
have a really deep impact on the business I just tend
to focus on growing this brand and business and allowing
them to fizzle out.”
Full steam ahead
With the opening of a new licensed concept spa in St
Kilda offering an indulgent series of scrubs, massage
and facial treatments, Li’TYA’s growth shows
no signs of slowing. Four more such spas are on the
drawing board and, again, Heron did not reveal the concept
until she had registered the trade mark. “To me that’s just sensible business.”
Drawing her inspiration from Aboriginal elders and her
business mentor, a childhood contact in Melbourne, Heron
is confident of further business growth in Australia
and overseas. At every step along the way, however, she will be cognisant
that her link with Aboriginal culture means she is doing
more than just running a business.
“It’s close to my heart to do something
to increase the positive awareness of indigenous Australians,”
Heron says. “That gives me a cause.”
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