Geographical indications and environmental protection

• Author: Michael Blakeney
• Pages: 162-173

FRONTIERS OF LAW IN CHINA

VOL. 12 JUNE 2017 NO. 2

DOI 10.3868/s050-006-017-0011-9

FOCUS

FOOD SAFETY AND FREE TRADE

GEOGRAPHICAL INDICATIONS AND ENVIRONMENTAL PROTECTION

Michael Blakeney*

Abstract The protection of geographical indications (hereinafter “GIs”) is required by

all members of the World Trade Organization (hereinafter “WTO”), as this is mandated

by the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

(hereinafter “TRIPS”). Among the primary justifications for the protection of GIs is to

enable producers to secure the premium prices which are attracted by products which

have a unique quality that is attributable to their place of production. As this article

points out, one reason for this premium price, in the case of agricultural products is that

traditionally produced goods are often free from contaminants, such as herbicides and

pesticides. Not previously discussed in the literature is the fact that from an

environmental protection perspective, GIs applied to agricultural products provides

some consumer confidence in their purity, as well as in their traceability. In securing

higher returns for agricultural producers, GIs play an important role in securing rural

development and the maintenance of rural landscapes. Finally, the article points out that

the international GIs regime provides an important means of protecting the traditional

knowledge of agricultural producers.

Keywords intellectual property, geographical indications, environmental protection

INTRODUCTION .................................................................................................................... 162

I. CERTIFICATION OF ENVIRONMENTAL PRODUCT QUALITY....................................... 164

II. SUSTAINABLE USE OF NATURAL RESOURCES AND BIODIVERSITY CONSERVATION.. 166

III. RURAL DEVELOPMENT ......................................................................................... 169

IV. AIDING THE PRESERVATION OF TRADITIONAL KNOWLEDGE ................................. 170

CONCLUSION........................................................................................................................ 172

INTRODUCTION

Geographical indications (hereinafter “GIs”) are signs used to designate the place of

* Michael Blakeney, Visiting Professor in Intellectual Property, Queen Mary University of London,

London, UK; Winthrop Professor, University of Western Australia, Perth, Australia. Contact: michael.

blakeney@uwa.edu.au