Geographical indications and traditional knowledge

Abstract

This article examines the suitability of geographical indications (GIs) for the protection of traditional knowledge (TK), vis-à-vis other modes such as patents, copyright, and trade mark. It considers special difficulties like collective ownership which are associated with protection of TK, as well as the needs and expectations of the holders of TK, in order to gauge the effectiveness of GIs. While GIs may be the best tool among the existing IP rights instruments for the protection of TK, they are inadequate in many ways. First, the definition and nature of GIs itself excludes certain categories of TK from its purview. Secondly, even when it is possible to obtain a GI, the level of protection rarely measures up to the expectations of TK holders. For instance, GIs cannot guard against offensive use of TK, nor can they prevent the knowledge from entering the public domain. Therefore, instead of pigeon-holing TK into one of the existing systems for protection of IP, an attempt must be made to formulate a sui generis model that will address concerns which are specific to protection of TK. This article uses registered GIs in India to illustrate the variation in the level of protection depending on the nature of TK that is sought to be protected. Apart from indicating the types of TK which can be best protected by GIs, this article also indicates the concerns that must be addressed by any new sui generis system that may be devised in the future.