Trade Policy Note Final-rev08 - Development

commercial value to their traditional knowledge and production techniques 96 . GIs
have been associated with luxury products (e.g. champagne), but the fact is that these
producers became wealthy because of the GI system. 97 For example, some developing
countries have viewed GIs as one way to mitigate low commodity prices in the coffee
sector. Partly in reaction to the theft of geographical expressions (e.g. Ceylon tea,
basmati rice, Phu Quouc fish sauce) many developing countries are supporting the
objective of extending the more stringent GI protection of wines and spirits to all
products, in order to reduce the difficulties and costs of enforcing GIs in foreign
jurisdictions which limit the effectiveness of GIs in protecting traditional knowledge.
The outcome of these negotiations will become an important element of the Doha
package in this area.
However, effective use of GIs requires government actions at the national level to (a)
pass legislation to protect GIs, and (b) adopt measures to identify and promote GI s, as
public investment is required to establish the reputation of little known GIs in
developing countries.
While the development of GIs at the national level and participation in a multilateral
register as has been proposed in the WTO will inevitably involve significant costs,
these should be viewed against the long-term perspective of the losses that will occur
if such products are appropriated by TNCs. In addition, there will be costs associated
with monitoring and challenging IPRs issued around the world. 98 Moreover, if
geographical expression becomes an accepted generic term, it will become freely
useable by all.
96 See Swarnim Wagle, Geographical Indications TRIPs and Promoting Human Development in Asi,
and The development dimensions of the Sri Lankan Geographical Indication of Camellia Sinensis
(Ceylon Tea), UNDP Asia Trade Initiative Hanoi 2003.
97
See, Dwijien Rangnekar, The Socio-Economics of Geographical Indications, at
www.iprsonline.org/unctadictsd/docs .
98 Commission on Intellectual Property, op.cit.
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