Introduction
Traditional knowledge encompasses expertise, practises, innovations, and abilities in the fields of agriculture, cooking, science, ecology, technology, medicine, and biodiversity, among other things. The past three decades have seen an increase in interest in the conservation, protection, and advancement of traditional knowledge through the use of already-existing intellectual property laws. However, in a series of reports on fact-finding missions, WIPO expressed worry about the loss of traditional ways of life and a lack of regard for ancient traditions, as well as a hesitation among the youth to carry forward traditional practises. Representatives of indigenous peoples and observers frequently lament the inadequacy of the current intellectual property systems in defending indigenous intellectual and cultural property rights. The idea that geographical indicators (GIs) can and should offer some form of protection for traditional knowledge has thus been floated widely. Such recommendations' main justification is the idea that traditional knowledge and GIs share traits and even objectives. Geographical Indications (GIs) are a special class of collectively owned intellectual property rights that connect a product's place of origin with its manufacturers.
Geographical indications, according to the TRIPS Agreement, are "indications which identify a good as originating in the territory of a member nation, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin." There is a clear need to safeguard and conserve this knowledge because, if lost, it will be impossible to get it back. The issuance of Geographical Indications has been determined to be the best option under intellectual property laws.
In the context of goods, a geographic indication is an indication that the product, whether it be an agricultural good, a natural good, or a manufactured good, was produced in a country's territory, or a region or locality within that territory, and that the product's quality, reputation, or other characteristics can largely be attributed to that location. Traditional knowledge is best protected through the use of geographical indicators. They want to reward people who belong to a well- established community or group and who uphold the customs and traditions that are part of that community or group's culture. Geographical Indications do not relate to developments like other Intellectual Property Rights do. Traditional knowledge is connected to geographic signals in two different ways. In addition to serving as a method to safeguard and maintain traditional knowledge interests, it can serve as a model for the creation of a unique type of traditional knowledge protection. Geographical indications are associated with raising awareness as well as maintaining, safeguarding, and sustaining regional cultures and their relevance, ancestral lands, ancient traditions, skills, and values. It also considers wider social and cultural interests, such as the value indigenous populations place on their connections to their land, bodies of water, and living eco- systems. Such a relationship combines the two ideas. Communities rely on shared traditions and a community decision-making process, which makes Geographical Indications an ideal kind of Intellectual Property. They also support and honour customs while enabling them to change and improvise. They are made to honour the goodwill and reputation that have been developed over many years, if not centuries. Additionally, they give rewards to every investor who upholds the long-standing, high standard of excellence. Geographical Indications never grant an exclusive monopolistic right over the use of a certain piece of knowledge; instead, they place restrictions on the group of persons who are allowed to employ a particular symbol. They cannot be transferred at any cost from one owner to another, but they are recognised while that owner upholds the collective heritage. Numerous courts across the world have recognised the connection between traditional knowledge and geographical indication. Many developing nations have realised that the geographical indications system offers the possibility of conserving certain traditional knowledge.
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Geographical indicators are used by Venezuela and Vietnam to safeguard a variety of traditional goods such liqueurs, teas, and sauces. Geographical indications are particularly interesting from the standpoint of traditional knowledge for a number of reasons.
They are distinct from other types of intellectual property rights being that their scope is obviously collective. Geographical indications confine the protection to a particular area rather than granting a single holder the right to benefit from it. They grant a group the right to make use of the indication. In other words, they provide a diverse group of people with protection in the area. Therefore, protection by geographical indicators may be able to cover goods produced locally without limiting the number of right holders there.
Geographical indicators, unlike the patent system, do not require any assessments of novelty. In fact, provided that the distinctive qualities of these products can be linked to a particular geographic origin, they can be utilised expressly to safeguard traditional goods. Protection using geographical indications is not limited to a single technique of manufacturing. This enables production techniques to change over time within the parameters of the protection provided in addition to allowing diverse production methods to be covered under a given indication. In other words, geographical indications acknowledge one of the basic properties of traditional knowledge, namely its progression through time.
In the context of traditional knowledge, the difficulties of transferring geographical indicators outside of their sphere of protection represents a significant advantage. Geographical indications convey a benefit over other types of intellectual property rights for traditional knowledge holders insofar as protection may extend not only to indications that are currently in use but also to indications likely to be utilized in the future. In other words, an indication is in use but may also be exploited in the future for economic purposes by holders of traditional knowledge.
Conclusion
By offering a means of generating cash and fostering community growth, geographic indications can also help to enhance rural areas. Geographical markers therefore serve not only cultural interests but also economic and commercial goals. Geographical Indication allows for the protection of many types of traditional knowledge that
have been firmly ingrained in the culture of a community or a group of people for many years or even generations. Overall, it should be noted that the idea of a geographical indication is intended to protect product names rather than knowledge per se, which means that while they do offer some scope for the protection of traditional knowledge, the protection is still constrained insofar as these indications are used for marketing rather than to safeguard knowledge pertaining to the product. Geographical indications, however, could support the protection of traditional items in a complementary way. However, it is not practical to use just one type of intellectual property in isolation to protect all forms of traditional knowledge.
Author : Tanya Saraswat, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at IIPRD.
References
- Blakeney, M. (2009) 'Protection of Traditional Knowledge by Geographical Indications', International Journal of Intellectual Property Management.
- Dagne, T 'The Identity of Geographical Indications and their Relation to Traditional Knowledge' (2014) 54 The Intellectual Property Law Review.
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