The Protection of Traditional Speciality Guaranteed: Study on the Measure of Thai Law and the European Union Law

Abstract

Traditional foods of Thailand are valuable. Geographical indication law is used to protect traditional food of Thailand. Geographical Indication (Geographical Indications: GI) is a type of intellectual property law. Geographical Indication is used in case of traditional foods which have two important factors are the nature and human. The unique feature of the natural geography, weatherproof and raw materials in area utilized in the production of their locality made special features product different from the other areas. This specifically features refer to the quality, reputation or other characteristic of the geographical origin. The product has been legally geographical indication protection is famous and popular product, special and unique this is because the geographical environment (climate, geography, and other sources), the skills and wisdom of the local people who live in households of geographical origin. Geographical Indication differs from the other types of intellectual property as the owner is community who live in the geographical area. As a result, producers who live in this area can use geographical indication and geographical name. Moreover, other producers who live outside the geographical area can’t use the origin geographical name. This right is called the Community Right.traditional foods of Thailand have protected by geographical indication law for example; khaotan lampang or people known as rice cracker is the local famous dessert of traditional ceremony in the northern parts of Thailand, Thai custard dessert recipe (khanom maw kaeng), Chaiya salted egg, Trang roast pork and etc. On the other hand, many Thai food valuable wisdom isn’t linked to geographical area. Therefore, this wisdom did not legally protected by geographical indication law. Thai traditional foods are not protected by the law thoroughly. Traditional foods that do not link with geographical area for example; green curry, Thai crispy pancake, bamboo rice, Thai fish sauce, pickled fish, krayasart, rice salad, tom yum kung, chili dip, Thai fried noodle, papaya salad, red curry and so on. Compare with The European Union (EU) rules and Thailand rules, the geographical indication of European Union more comprehensive than Thailand since the European Community law defines what is to be registered as a geographical indication into two categories, including Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI).In addition, the EU is protected intellectual food by Traditional Speciality Guaranteed (TSG)which protect local tradition foods don’t links with geography but they have traditional cooking, culture and valuable heritage. Thus, the protection of the local tradition foods of the European Union have conservation and consumer protection more comprehensive than Thailand.