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
