Geographical Indications in South America: It’s Not All About the Label. Cultural Factors and Networked Governance
摘要
South America’s variety of projects aim to promote, protect, and boost traditional products. Therefore, the region is active in implementing and regulating geographical indications (GIs). Consequently, national intellectual property offices support farmers, rural communities, and indigenous peoples by advising on the implementation and use of distinctive signs such as GIs. Distinctive signs provide product differentiation in competitive markets and current literature discusses the advantages of GIs and collective marks for communities, cooperatives and or associations. However, there is a lacuna in the literature regarding how to support farmers, rural communities, and indigenous peoples in the pre-application practice specially in cases where there is trust issues. Moreover, engagement with GI registration is hindered in certain South American jurisdictions due to intergovernmental corruption. We propose a pragmatic solution to support farmers, rural communities, and indigenous peoples in the pre-application practice by establishing a horizontal decentralised network with the World Intellectual Property Office (WIPO) as the network host. Therefore, the chapter propose, as a solution, a network to promote engagement in the pre-application stage. The paper further seeks to employ network power to reduce intergovernmental intervention and thus, promoting best practice in the pre-application stages of GI registration.