Geographical Indications

Rangnekar, Dwijen

doi:10.7215/ip_ip_20030601c

Cited by 24 publications

(4 citation statements)

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“…However, the concept of individual ownership does not apply to GI. Ownership in GI is collective ownership, which is called collective rights, or public ownership, which is called public rights (Rangnekar, 2003). In fact, GI rights are more accurately called tenure rights than property rights because they are generally controlled by the community; thus, these are called communal rights.…”

Section: Legal Efforts To Get 'Tahu Kuning Kediri' To Get Geographica...mentioning

confidence: 99%

Legal Protection of Geographic Indications of Traditional Food “Tahu Kuning Kediri” Jawa Timur, Indonesia

Wahyuni,

Satriyani

2022

ijfirm

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Purpose:The purpose of this study was to determine the opportunity for the traditional food of Tahu Kuning Kediri (Kediri Yellow Tofu) as a product that deserves legal protection in the form of geographic indications, and to know the steps that must be taken so that the traditional food of 'Tahu Kuning Kediri' can get legal protection in the form of Geographical Indications. Approach/Methodology/Design: This research is a normative juridical study that emphasizes secondary data from literary studies, relevant research reports, and journals with the themes of traditional knowledge & local products (MSMEs). Sources of literature data, observations, results of interviews with related MSMEs organizations.Findings: Based on the description above, it can be concluded that the traditional food of 'Tahu Kuning Kediri' meets the requirements for legal protection in the form of a geographical indicator because it fulfills four conditions, namely a sign indicating its origin, GI objects in the form of goods and/or products, geographical factors and certain characteristics of goods and/or products that are different from other traditional regional yellow tofu food. Practical implications: The process of applying for legal protection in the form of geographic indications can be carried out by the association of MSMEs of 'Tahu Kuning Kediri' producers who are already legal in collaboration with the local government, and submit to the Ministry of Law and Human Rights by attaching the proposed Geographical Indication book. Originality/value: The research subjects are policies and regulations related to geographic indications.

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Section: Legal Efforts To Get 'Tahu Kuning Kediri' To Get Geographica...mentioning

confidence: 99%

Legal Protection of Geographic Indications of Traditional Food “Tahu Kuning Kediri” Jawa Timur, Indonesia

Wahyuni,

Satriyani

2022

ijfirm

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“…This sector employs more than one‐third of the 60 million Thai population and 64% of those who reside in rural areas earn their income from farming (Centre for Agricultural Information, Thailand, ). As a developing country with a strong agricultural sector, artistry and traditional knowledge, GI law can be an extremely important public policy tool for economic development and the livelihood of farmers and skilled worked in the field (Rangnekar, , ). Thus, the Protection of Geographical Indications Act B.E.2546 (AD2003) (GI Act of Thailand) is generally perceived as being the outcome of pressure from Thailand's membership of the WTO, as well as the need to prioritise the rights protection of traditional knowledge.…”

Section: Protection Of Geographical Indications In Thailandmentioning

confidence: 99%

The Protection of Geographical Indications in Thailand

Lertdhamtewe

2014

World Intellectual Property

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The adoption of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS Agreement) poses significant implications for a developing country such as Thailand, where agriculture is a large share of its domestic and export markets. A notable facet of TRIPS is its focus on the protection of geographical indications (GIs). This paper seeks to discuss the implementation of TRIPS in Thailand with respect to GI protection. It specifically considers the Protection of Geographical Indications Act B.E.2546 (AD2003) of Thailand, which is relevant to an examination of TRIPS implementation in developing countries. The overall objective of this paper is to analyse Thailand's position with reference to the protection of GIs, and the benefits, which may be accrued as a consequence of implementing the TRIPS Agreement.

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“…The notion of 'a given quality' might be related to physical attributes of a good that are measurable to an extent, as in the EC Regulation (EEC 2081/92), which, according to some commentators, adopts a production management approach, where quality is intended as a standard set of characteristics, which can be measured, observed and certified. 69 However, quality is a highly complex, subjective and debatable notion, the criteria of which may vary not only from one country to another, but also from one individual to another. For instance, of late, one can observe the emergence of a variety of socially-constructed quality criteria that include concerns about animal welfare; concern for the environment and biodiversity loss; fair and ethical trading; local and rural development, etc.…”

Section: The Definition Of Gismentioning

confidence: 99%

“…of the good to be established across the designated geographical area. 71 Given the flexibilities available in the definition of the subject matter (GI) under the TRIPS Agreement, the implementation of this definition in national legislations of WTO Members is worth exploring. The review undertaken by the WTO Secretariat 72 in 2001 throws some light in this regard, at least for the 37 Member countries covered by the review, most of which are developed countries, a few being economies in transition.…”

Section: The Definition Of Gismentioning

confidence: 99%

Protection of Geographical Indications: An Overview of Select Issues with Particular Reference to India

Das

2007

SSRN Journal

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Geographical Indications

Cited by 24 publications

References 1 publication

Legal Protection of Geographic Indications of Traditional Food “Tahu Kuning Kediri” Jawa Timur, Indonesia

Legal Protection of Geographic Indications of Traditional Food “Tahu Kuning Kediri” Jawa Timur, Indonesia

The Protection of Geographical Indications in Thailand

Protection of Geographical Indications: An Overview of Select Issues with Particular Reference to India

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