Synopsis
In this lecture, Dr. Delphine Marie-Vivien will address the recent developments on the law of geographical indications (GIs), with a special focus on ASEAN countries. In particular, she will recount how the historic concept of GIs, as it was originally developed in Europe and in France as a means to identify products having certain qualities and characteristics and coming from specific geographical regions, has been later “internationalized” as part of the adoption of the Agreement on Trade-Related Aspects to Intellectual property Rights (TRIPS). As a result, most countries in ASEAN have implemented today ad hoc sui generis GI protection and a large number of GIs is registered throughout the various ASEAN countries, nationally and also beyond the country of origin. Some ASEAN GIs, for example, are registered in the European Union. Yet, several challenges still subsist with respect to the implementation of a comprehensive and effective GI protection in ASEAN, and even more with respect to the management of GIs at the “post-registration” stage. Dr. Marie-Vivien will elaborate on these challenges with particular emphasis on the importance of quality control for GI products in ASEAN countries, the effective use of the GIs by GI producers, and the current status of interaction, but also confusion, with the system of collective and certification trademarks in the various national legislations at issue.
Professor Calboli will introduce the speaker and act as a discussant and moderator for the debate questions following the lecture.
About the Speaker
Dr. Delphine Marie-Vivien is a Researcher in Law at CIRAD, UMR Innovation, Montpellier, a French public research institute dedicated to agricultural research for developing countries. Since 2012, she has been based in Hanoi, Vietnam. She holds degrees in Chemistry and Intellectual Property Law, and was a Visiting Researcher at NLSIU, Bangalore, India from 2005-2008. Her Ph.D dissertation, entitled “The Law of Geographical Indications in India Compared to French, European and International Laws,” was published by Sage. In the past several years, Dr. Marie-Vivien has conducted research projects regarding the protection of Geographical Indications in South-East Asia and in Vietnam. She has written extensively on comparative aspects of GI protection between the EU and India, the public-private governance of GIs, and the role of the State in the protection of Geographical Indications. Her recent publications include Institutionalizing Geographical Indications in Southern Countries: Lessons Learned from Basmati and Rooibos, World Development, 2015 (with E. Biénabe); Trademarks, Geographical Indications and Environmental Labelling to Promote Biodiversity: The Case of Agroforestry Coffee in India, Development Policy Review, 2014; and The Protection of Geographical Indications for Handicrafts: How to Apply the Concepts of Natural and Human Factors to All Products, WIPO Journal, 2012.
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