The protection of Geographical Indications in Asia

1
The protection of Geographical Indications in Asia

• Brig. Anil Adlakha, Vice-President for Asia
• OriGIn General Assembly Meeting
• Hangzhou China, 14 -15 November 2005

2
ASIA the most dynamic region on GIs in the past
2 years

• In the past two years, many countries in Asia
  have taken decisive steps towards the protection
  of geographical indications
• Most of the ASEAN countries have adopted a
  specific law on GI protection (Sui generis system
  of GI protection)
• Several traditional products have been registered
  as GIs

3
CHINA adoption of a Sui Generis system for GI
Protection

• 2005 No.78 Decree entered into force on July 15
• The General Administration of Quality
  Supervision, Inspection and Quarantine of China
  (AQSIQ) is responsible for the protection of the
  geographical indication products in China
• AQSIQ will register and protect Chinese but also
  foreign geographical indication products in China
• The text included new rules to protect Chinese
  products with geographical indications
• application, acceptance, examination and approval
  of the geographical indication products
• registration and supervision of the special marks
  of the geographical indications
• More than 300 products already protected as GIs
  in China

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ASEAN Countries

• Thailand
• 28 April 2004, law on the protection of
  Geographical Indications applied to Thai and
  foreign GIs
• 4 GIs recently registered Surin Hom Mali rice,
  Nakhon Chaisi pomeloes and Phetchabun sweet
  tamarinds (Thailand), Pisco from Peru
• Vietnam three GIs protected in May 2001
• Vietnamese GIs Moc Chau Tea, Nuoc mam de Phu
  Quoc
• Foreign GI Cognac
• Laos, Cambodia and Indonesia currently working on
  the adoption of a law on GIs
• Malaysia
• Geographical Indications Act 2000 (Act 602)
  provides for the protection of national and
  foreign GIs
• National GI registered Pepper of Sarawak
• Singapore has also a general law on GI protection.

5
India

• Geographical Indications of Good Act entered into
  force on 15 Sept. 2003
• Several products secured protection, such as
  Mysore sandalwood.
• Other GIs are still to be protected, e.g.
• Darjeeling Tea
• Basmati Rice

6
Sri Lanka

• In July 2003, The government passed GI provision
  under the Intellectual Property Act (Intellectual
  Property Act No. 36 of 2003)
• The additional level of protection under TRIPs
  that is provided to wines and spirits is extended
  to agricultural products
• There is no registration system
• Interested products from Sri Lanka Ceylon Tea,
  blue sapphire, and cinnamon

7
Other GI Projects in Asia

• Mongolia technical assistance project launched
  in 2005
• Pakistan a draft legislation for GIs,
  Geographical Indications of Goods (Registration
  and Protection), awaits approval and enactment.

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