Harnessing the development potential of geographical indications for traditional knowledge-based agricultural products

Abstract

The paper discusses the use of geographical indications in the protection of traditional knowledge based agricultural products in the international intellectual property framework. It assesses the promise of geographical indications in the effort to cater for the needs of indigenous people and local communities. The paper indicates that the utility of geographical indications with regard to traditional knowledge should be seen in light of the contemporary understanding of the link between “development” and “culture,” not just economic viability. While arguing that geographical indications may serve as a modality for positively protecting a particular category of products of traditional knowledge, the paper holds that it is wrong to promote geographical indications as solutions to all social, cultural, environmental and economic problems that ensue from the lack of protection of traditional knowledge. Thus, it concludes that geographical indications may not be ideal instruments to combat “biopiracy,” but are best utilized as part, or independently of a defensive sui generis protection of traditional knowledge.