Saturday, April 4, 2015

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South East Asia - Geographical Indications Mapping

Based on a presentation I gave in Tokyo at INTA conference on geographical indication on 26-27/03/2015.

Most ASEAN nations have taken positions in the ongoing "North-North debates" over the implementation of TRIPS provisions on Geographical Indications. There is a clear and strong trend toward sui generis Geographical Indication protection systems in ASEAN.  This demonstrates the fact that ASEAN member states recognize the need for a specific GI protection system that coexists with trademark regimes.



Major challenges are: 


       Transplantation of international norms into ASEAN member states' legislations;


       After having enacted their own geographical indication legislations, how to build, manage and run an effective protection system of GI products (causal link, reputation, natural and human factors assessment, controls system, traceability, enforcement, sanctions etc) for both agricultural and non agricultural products?


       Role of associations of producers/traders in commercialization of GIs products;


       Strategies for registration of ASEAN based GIs internationally especially in EU.



Leading countries in terms of registered GIs


       Thailand : 64

       Vietnam : 41

       Malaysia : 35


       Indonesia : 25


       Cambodia : 2



 



 







  • Most active foreign applicants

       Champagne ("CIVC")


       Cognac ("BNIC")

       Scotch Whisky ("SWA")


       Napa Valley ("NVA")


  •  Cross-ASEAN GI filings.
 there is a rapid growth of ASEAN based GIs obtaining protection in other
ASEAN countries.  Recently the Queen Sirikit Department of Sericulture
and Department of Intellectual Property of Thailand (DIP) filed the Isan 
Indigenous Thai Silk Yarn Geographical Indication in Vietnam. The GI
was filed on August 1st 2013 and was granted registration by the
National Office of Intellectual Property of Vietnam (NOIP) on September
18, 2014 making this product the first intra-regional ASEAN registered GI 



Isan Indigenous Thai Silk Yarn is a unique textile art in terms of elaboration process giving the silk fabric a texture which is smooth, even, soft and shiny. The process relies on Isan people's silk reeling skills which have been passed on from generation to generation and the Silkworms which must be farmed in the Isan region and must be of authentic Thai species which are polyvoltine and resistant to the dry and hot climate of Isan region. The characteristics of the silk yarn are thick, rough, knotty, even in size, clean, unadulterated, darker yellow color and even in color .