Geographical Indication
Time to rethink international trade policy
Ekram Uddin Khan & Shakhawat Shamim
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In the last few decades, there are proposals and negotiations regarding strengthening of protection for Geographical Indications (GIs) in the World Trade Organization (WTO). European Union (EU) is one of the major proponents of stronger protection for GIs. One of the strong arguments from western philosophers for GIs protection is that it has put forward and provides an avenue for economic development for agricultural producers in developing countries- a way to captures markets of developed countries. Although the concept of GIs is very new for developing countries' farmers, but it is true that GIs are not a new phenomenon-they have had a long history on particular products, e.g. alcoholic beverages. The EU is the global leader in GIs with about 5000 registered indicators and new registrations occurring at a rapid rate. GIs has become more prominent in western agricultural policy and GI designation are also popular with farmers as a result of the 'feel good' factor that comes from having one's product recognized as special. Originally, the special features of GIs were rooted in terroirsomething unique associated with the physical attributes of the soil and/or water (possibly in inter action with climate or other natural phenomenon) but have been expanded to include a host of factors associated with (often collective) human capital or intellectual property (IP)sometimes classified as traditional knowledge in the IP literature (examples of GIs are Zamdani Sharee of Bangladesh, Feta Cheese of Greece, Maine Potatoes of US, Bashmati Rice of Pakistan etc). The topic of geographic indicators was renegotiated during the Uruguay Round. The protection of geographic indicators was also included within the new Agreement on TRIPS. Geographic indicators are dealt within three TRIPS articles. Article 22 Protection of Geographic Indicators defines geographic indicators as follows: “GIs are, for the purposes of this Agreement, indications which 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.” Rest of the clauses of Agreement on TRIPS set out the obligations of members to legally discipline misrepresentations of the geographic origins of products in their domestic law.
Some western experts on GIs claim that GIs can provide sustained benefits to groups of farmers in developing countries and certainly better than the claims often made by the European Commission such as: “GIs provide added value to our producers. French GI cheeses are sold at a premium of 2 euro. Italian “Toscano” oil is sold at a premium of 20% since it has been registered as a GI in 1998. Many of these products, whose names are protected, are exported. 85% of French wine exports use GIs. 80% of EU exported spirits use GIs. GIs are the lifeline for 138000 farms in France and 300000 Italian employees” (EuropeanCommission, 2003). Effective management of the GIs will first require that appropriate target countries are identified some countries' GI regimes may be more suitable to some products than others. Once the appropriate target markets are identified then the GI must be registered in those countries.
From Bangladesh perspective, Nakhshi Kantha, Jamdani Sharee, Rajshahi's Fazli Mango etc have long national emotion and pride for the quality of these products. To protect the rights on GIs, government of Bangladesh needs to take proactive action to capture foreign markets and to promote farmers and small entrepreneurs. Already the government of Bangladesh made a Draft on GIs Act and it is yet to pass by the parliament. India, our neighboring country, already made an Act in 1999 for the Protection of GIs and to grab international markets, where they included so many products which have deep link with our national culture and heritage; such as Jamdani share, Nakshi kantha etc. As a Bangladeshi, one may feel proud these unique products such as Nakshi Katha, Jamdani Sharee, Rajshahi Fazli Mango and Silk products. There is a time to rethink and take quick step by government of Bangladesh on our international trade policy. Still there is a chance for Bangladesh and nothing to worry because few years ago, USA faced legal battles after the patenting of Bashmati Rice and India and Pakistan reestablished their GIs rights on Bashmati Rice. We can establish a national Intellectual Property Institute like China from where the experts on IP give proactive guideline to government and can save our national IP from the aggression of foreign countries.
The writers are Lecturers, Department of Law, BGC Trust University Chittagong.
