Protecting Geographical Indications in the 'Old World' Developing Countries: The Cases of Basmati Rice, Jinhua Ham and Ethiopian Heritage Coffees

摘要

This article attempts to study how the interests of the "Old World" developing countries are addressed by international legal instruments covering geographical indications (GIs). The article will discuss three case studies, analysing specific problems faced by these countries in protecting their GIs. In terms of territoriality and the role of governments in protecting GIs, the first case study is that of India's attempts at protecting Basmati rice. The second case study is that of Jinhua ham, where the Chinese three-tier system creates consumer confusion, overlap and conflict of rights between GIs and trade marks. The final case study is the Ethiopian model on heritage coffees as an adaptive system that was designed outside the GI framework.