Abstract
This paper explores the issues of representativeness and participation in the collective processes involved in the elaboration of the geographical indications (GI) specifications and the governance of the GI initiatives. The objective is to understand the relationship among collective dynamics, representativeness of relevant stakeholders, and the legal frameworks for the protection of GIs. Using a qualitative methodology based on an analysis of six case studies in France and Vietnam, we show the role of the law in shaping the different ways of understanding and implementing the concept of representativeness in the French producer-led and the Vietnamese state-driven approaches to GI protection. In France, the GI specifications result from negotiations among all legitimate stakeholders, which may prove long, complex, and lead to standards that can continue to be challenged after the GI registration. We also argue that the rules for the representation of all GI users in the decision-making processes do not necessarily lead to fairness. In Vietnam, local stakeholders usually have a consultative role under the authority of the State, resulting in their little understanding and low use of the GI. Their empowerment is further hindered by the involvement of state authorities in the management of the producers’ associations. We conclude by discussing in-between solutions to promote the producers’ representation and participation.
Highlights
This paper has examined the role of the law in shaping the concept of representativeness in the French bottom-up and Vietnamese state-driven approaches to geographical indications (GI) protection
It has evidenced considerable differences between the French producer-led and Vietnamese state-driven approaches to protecting GIs, which are useful to understand how the concept of representativeness is understood and organized in each context
Representativeness varies depending on the respective roles of the state and local stakeholders in the registration process, the management of the initiatives by the collective organizations of producers, and the use of GIs in each country
Summary
Geographical indications (GIs) ‘identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin’(Article 22.1, Agreement on Trade Related Aspects of Intellectual Property Rights, 15 April 1994, Annex. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Very few countries had enacted legislation for protecting GIs prior to the adoption of TRIPS The Definition of Geographical Indications; WIPO, October 2002 (SCT/9/4), p. Laws governing the use of GIs have subsequently mushroomed around the world, but in the ‘most diverse and uncoordinated manner’ [1] 264–265), resulting in significant divergences in the modes of protection [2,3].
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