Trademarks and Geographical Indications: Policy Issues and Options in Trade Negotiations and Implementation. Asian Development Review, Vol. 26(1), pp. 166-205

Abstract

Trademarks and geographical indications have been the focus of contention in bilateral and multilateral trade negotiations and in the implementation of agreed trade obligations and regulations among World Trade Organization members, including partners in free trade agreements with Association of Southeast Asian Nations (ASEAN) members. This paper examines these issues, and the related policy implications and options, in terms of specifications and scope, priority rights and coexistence, and the treatment of generic names in the registration and protection of geographical indications. The development, commercialization, and protection of geographical indication products can benefit trade and development in ASEAN economies. However, a geographical indication system similar to that in the European Union would likely reduce ASEAN imports of competing products from non- European Union sources. An agenda for further research, policy facilitation, and information dissemination is mapped out, emphasizing the importance of adequate and affordable policy incentives and business development services.