Facilitating the Protection of Geographical Indications in ASEAN

SECO Working Paper 1/2017 by Le Thi Thu Ha 

ABSTRACT: Even if many of the ASEAN Member States (AMS) had geographical indication protection prior to the TRIPS Agreement and before joining the WTO through unfair competition, consumer protection, and food standards or even appellation of origin, adhesion to the WTO was for many ASEAN countries the occasion to adopt new legal protection schemes for geographical indications, following pressure from the more developed nations in WTO's accession. ASEAN countries are also involved in numerous regional and bilateral free trade agreements (RTAs and FTAs), and have implemented a wide range of initiatives for the protection of geographical indications. ASEAN, thus, became one of the most active geographical indication protected areas in the world. This research provides an overview these issues. Chapter I begins with a brief background to the protection for geographical indications in ASEAN countries and a comparative analysis of ASEAN countries domestic laws. Chapter II describes possibilities for adopting a more interoperable approach to protections for geographical indicators in ASEAN.  Finally, Chapter III focuses on the possible ways to facilitate the registration and protection of geographical indications in the ASEAN region.