About the Book
Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.
Table of Contents:
Part I. Framing the Debate: The Still Contested Role of Geographical Indications in the Global Economy: 1. Geographical indications between trade, development, culture, and marketing: framing a fair(er) system of protection in the global economy? Irene Calboli; 2. From geography to history: geographical indications and the reputational link Dev S. Gangjee; 3. The limited promise of geographical indications for farmers in developing countries Justin Hughes; 4. Rethinking the work of geographical indications in Asia: addressing hidden geographies of gendered labour Rosemary J. Coombe and S. Ali Malik; 5. A look at the Geneva Act of the Lisbon Agreement: a missed opportunity? Daniel Gervais; Part II. Geographical Indications at the Crossroads of International and National Trade: 6. Geographical indications and mega-regional trade agreements and negotiations Susy Frankel; 7. Geographical indications as property: European Union association agreements and investor state provisions Anselm Kamperman Sanders; 8. How would geographical indications from Asia fare in Europe? Christopher Heath; 9. Looking beyond the known story: how the prehistory of protection of geographical indications in the Americas provides an alternate approach Christine Haight Farley; 10. European Union-Singapore free trade agreement: a new chapter for geographical indications in Singapore Susanna H. S. Leong; Part III. The Promise and Problems of Geographical Indications for Local and Rural Development: 11. Sunshine in a bottle? Geographical indications, the Australian wine industry, and the promise of rural development Peter Drahos; 12. Legal protection of geographical indications as a means to foster social and economic development in Malaysia Tay Pek San; 13. The use of geographical indications in Vietnam: a promising tool for socio-economic development? Barbara Pick, Delphine Marie-Vivien and Dong Bui Kim; 14. 'Vanity GIs': India's legislation on geographical indications and the missing regulatory framework Yogesh Pai and Tania Singla; 15. Protection of geographical indications in Taiwan: turning a legal conundrum into a policy tool for development Szu-Yuan Wan; 16. A unique type of cocktail: protection of geographical indications in China Haiyan Zheng; 17. The potentials, and the current challenges, of geographical indications protection in Sri Lanka Naazima Kamardeen; Part IV. The Unsettled Relationship between Geographical Indications, Traditional Knowledge, and Cultural Heritage: 18. The Geographical Indications Act 2013: protection of traditional knowledge in Bangladesh with special reference to Jamdani Mahua Zahur; 19. From chianti to kimchi: geographical indications, intangible cultural heritage, and their unsettled relationship with cultural diversity Tomer Broud; 20. Geographical indications, heritage and decentralization policies: the case of Indonesia Christoph Antons; 21. When geographical indications meet intangible cultural heritage: the new Japanese act on geographical indications Steven Van Uystel.
About the Author :
Irene Calboli is Lee Kong Chian Fellow, Visiting Professor, and Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University. She is also Professor of Law at Texas A&M University School of Law and Transatlantic Technology Law Forum Fellow at Stanford Law School, California. An elected member of the American Law Institute, she has written extensively on the topic of geographical indications (GIs) and has acted as Expert on GIs for the World Intellectual Property Organization and the European Union Intellectual Property Office. Ng-Loy Wee Loon is Professor at the Faculty of Law of the National University of Singapore. Her publications include the textbook Law of Intellectual Property of Singapore (2nd edition, 2014). She was the Founding Deputy Director of the Intellectual Property Academy of Singapore, and is currently a member of the Singapore's Copyright Tribunal and of the Singapore Domain Name Dispute Resolution Policy Panel. She is also Senior Counsel (honoris causa), an appointment made by Singapore's Court of Appeal and Attorney-General.
Review :
'Professors Calboli and Ng-Loy have gathered a tremendous group of highly renowned scholars to reflect on the theoretically underexplored area of geographical indications and their implications for trade, development, traditional knowledge and culture. While the book's subtitle indicates that the focus is on the Asia-Pacific region, the global, regional and local dimensions are also covered, which makes this volume a must-have for anyone interested in this fascinating but also debated field of IP law.' Christophe Geiger, Director General, Center for International Intellectual Property Studies (CEIPI), University of Strasbourg
'As a strongly controversial issue, legal protection of geographical indications (GIs) is often treated in a somewhat one-sided fashion, with most publications on GIs concentrating on the Old World/New World divide. This book is refreshingly different: it is non-partisan, thoughtful, and by offering a wealth of information on recent developments in a vast and important region heretofore often neglected, it adds nuance, depth and novel insights to a highly topical debate.' Annette Kur, Max Planck Institute for Innovation and Competition
'A comprehensive collection covering the promise, pitfalls and realities of geographical indications (GIs) which breaks new ground in focusing on the rich, diverse and often neglected region of Asia; a must read for those seeking a thorough, balanced and thought-provoking take on this controversial area of law.' Bryan Mercurio, Vice Chancellor's Outstanding Fellow of the Faculty of Law, The Chinese University of Hong Kong
'Seeking to reorient approaches to a complex and diverse area of law that still poses tantalizing legal, policy and economic questions, this timely volume draws together a wealth of practical experience and theoretical insight, and benefits from a generous breadth of new and established scholarly voices; by shifting the centre of gravity towards the dynamic Asia-Pacific region, it offers a fresh vantage point from which to reconsider longstanding debates on the law of geographical indications and its application.' Antony Taubman, Director of Intellectual Property, Government Procurement and Competition Division, World Trade Organization
'This book covers legal and institutional frameworks and debates surrounding Geographical Indications (GIs) in the Asia Pacific region, presenting both international situations and discussions, as well as how these are applied in most of the countries of the region. It opens up on discussions, on the relationship between GIs and traditional knowledge' Peter Damary, Asian Journal of Agriculture and Development
