Book Review: Intellectual Property and Development - Geographical Indications in Practice

This Kat has been savouring “Intellectual Property and Development - Geographical Indications in Practice” by Barbara Pick (Routledge, 2022) and is ready to share her review!

The book consists of two parts, comprised of nine chapters. Part I opens with an introductory chapter. The research objective is to evaluate, based on 12 case studies, whether geographical indications (GIs) truly benefit producers and consumers. This is relevant considering the expansion of GI norms throughout the world. In the research, the term “geographical indication” is used to cover both sui generis GIs (i.e. those protected under a specific GI law) and products protected by collective and certification marks. The author's research is based on legal analysis, study trips and in-depth interviews with stakeholders.

France and Vietnam were chosen as the research venues. In France, case studies include two marks (Marseille soap and Alpine wood) and three sui generis GIs (green lentils from Berry, Bouchot mussels from Mont-Saint-Michel Bay, Pélardon cheese). In Vietnam, case studies cover four marks (sticky rice from Đông Triều, Hmong beef from Cao Bằng, pottery from Đông Triều, vermicelli from Binh Lieu) and three sui generis GIs (star anise from Lạng Sơn, fried calamary from Hạ Long, conical hat from Huế).

Chapters 2 and 3 introduce the reader to the legal protection of GIs in France and Vietnam. France, the cradle of GI laws, has an elaborate sui generis system for GI protection. This includes an EU-wide sui generis system for agricultural products and wines, as well as a national mechanism for GI protection for craft and industrial products. Moreover, French norms on collective and certification marks are discussed, as two of the case studies are registered as marks (soap from Marseille and Alpine wood).

Vietnam first introduced a sui generis GI law in 1995, under the influence of France. It then amended the law to implement the TRIPS Agreement. Both agricultural and non-agricultural products may be protected by sui generis GIs. The sui generis GI system in Vietnam is top-down: the competent ministry finances an external consultant, which drafts registration documents, defining characteristics of the given GI. GI producers are not obliged to organise themselves into an association.

Products may also be protected by collective and certifications marks. Vietnam runs a state programme for financial support of GI registration (“Programme 68”). Every region has quotas for financing only a certain number of GIs. Due to this, many Vietnamese products are registered as collective and certifications marks.

Part II opens with Chapter 4, which dwells upon the reasons for seeking GI protection. Pick identifies two types of GIs (the primary objective of registering a GI varies in accordance with the type). First, there are products with a reputation that was established prior to GI registration. Such products aim to fight fraud and unfair business practices. Second, there are products without a prior reputation, which see a GI registration as a marketing tool to build such reputation. In addition, certain GIs also have value-driven objectives, such as the desire to revitalise local industry.

In Chapter 5, Pick studies the dynamics of collective action. In France, the GI system is organised bottom-up, which makes it collective and participatory. In Vietnam, it is top-down, as registration is led by a consultant under the auspices of the state. Though the author leans towards the French system, she advances both potential benefits as well as issues with both. For example, in France, the system may lead to years of negotiations (this happened with Bouchot mussels) or to low-level requirements for what constitutes a GI product, so as to accommodate nearly all potential producers.

On the other hand, studies show that negotiations at the registration stage are crucial for the potential success of the GI. This is the issue with the Vietnamese system, where producers are hardly involved in the registration process. That said, such a top-down approach may be advantageous for countries where local stakeholders lack organisational capacities or institutional support to register a GI.

Chapter 6 discusses whether GIs provide economic value and, if so, for whom. A GI denomination enables one to build reputation and potentially save resources on advertising and promotion, as marketing can be done collectively.

GIs can also serve as a mechanism to stimulate demand beyond the immediate area of production (although it may not provide any value in this regard if the product is sold solely within its zone of production). Interestingly, regarding Pélardon cheese, the value of the GI label is stronger outside of the area of production. Moreover, the author points out that even where a GI may a have price premium, most of it is captured by mass retailers rather than the producers.

Chapter 7 focuses on the so-called “dormant” GIs. According to Pick's research, six of the case studies show little to no use of the GI label by its owners. The reasons for this vary. For instance, Pick analyses the case of Marseille soap. Due to its popularity and production throughout France, the product lost its connection with Marseille region. The issue of tourists, who prefer cheaper products to genuine GI-protected craft, comes up in several case studies. Barbara suggests that producers have to “educate” consumers on the specifics of genuine products.

In Chapter 8, Pick considers the non-economic impact of GIs on territorial development, cultural heritage and biodiversity. Depending on the case study, the author observes that GIs may either lead to new jobs (such as the lentils from Berry) or act as a barrier to job creation due to high entry costs (such as the Pélardon cheese).

Similarly, GIs may have both positive and negative impact on the environment. GIs may contribute to developing new economic activities in the region, such as new tourist routes or museums. Producer associations act as platforms for conducting training, promoting research and exchanging best practices. By joining forces, producer associations may also have a stronger voice to influence their governments.

The book closes with Chapter 9, which summarises the main findings. Pick concludes by observing that GI protection is a multi-layered phenomenon and formal GI law cannot be studied in isolation from local traditions.

As readers may ascertain from the length of this post, the book has insights on GIs on almost every page. This Kat recommends the book to GI-interested researchers, public authorities who work with GIs, practitioners, and consultants who assist producers in GI registration.