Abstract
Over the past few decades, geographical indications have become major intellectual assets in relation to a variety of goods, acting not only as a tool for protecting consumer’s interests and reinforcing confidence in high-quality and local products, but also as a legal and economic tool for the development of rural areas and the preservation of cultural heritage.Geographical indications are also a global issue, regulated in international law by the WTO and attracting increasing attention world-wide. Indeed, geographical indications have been said to be “the Sleeping Beauty of the intellectual property world” as although they have been around for a long time, there has been a widespread awakening in recent years, as to their business value. In particular, many developing countries have recently jumped on the wagon of the geographical indication culture, by associating products with their places of origin and developing external markets for some of these local products.This paper will examine the relevance of geographical indications for the economy of developing countries. In doing so, it will start by examining the standard of protection that should be granted to geographical indications by WTO Member States. It will then move on to analyse two issues that are relevant to developing countries. The first is the possibility of using geographical indications to protect indigenous knowledge and reward the holders of that knowledge. The second and related issue is the use of geographical indications as a development tool. In particular, it will question whether the assumption that the success story of geographical indications in Europe can be replicated in developing countries is realistic. Throughout the paper, these issues will be explored through reference to case studies drawn from developing countries.
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