Law and Policy on Intellectual Property, Traditional Knowledge and Development: Legally Protecting Creativity and Collective Rights in Traditional Knowledge Based Agricultural Products through Geographical Indications

Geographical indications emerged on the international scene at the centre of three highly debated subjects: intellectual property, international trade and agricultural policy. This article discusses the use of geographical indications in the protection of traditional knowledge–based agricultural products in the international intellectual property framework, and assesses the challenges and opportunities geographical indications present with respect to efforts to cater to the needs of indigenous people and local communities. The discussion begins with a succinct overview of the definitional aspects of geographical indications, traditional knowledge and traditional knowledge–based agricultural products. In an attempt to locate the issue of geographical indications in the current intellectual property landscape, the article examines their regulation in international and national legal frameworks, and critically appraises the attendant controversies in international negotiations. The article then broaches issues to do with the link between geographical indications and traditional knowledge, and examines the cultural, economic and environmental issues in policy debates surrounding the applicability of geographical indications to traditional knowledge–based agricultural products.


Issue Date:
2010
Publication Type:
Journal Article
DOI and Other Identifiers:
1496-5208 (Other)
PURL Identifier:
http://purl.umn.edu/61577
Published in:
Estey Journal of International Law and Trade Policy, Volume 11, Number 1
Page range:
78-127
Total Pages:
50
Series Statement:
Estey Centre Journal of International Law and Trade Policy
11-1




 Record created 2017-04-01, last modified 2017-09-28

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