Rangnekar, Dwijen --- "No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications" [2010] ELECD 456; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 15

Section Title: No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications

Author(s): Rangnekar, Dwijen

Number of pages: 25

Extract:

15 No `lemons' no more: a sketch on the
`economics' of geographical indications
Dwijen Rangnekar


Introduction
One of the most recent entrants into the growing pantheon of intellectual
property rights (IPRs), Geographical Indications (GIs), continues to raise
deeply fundamental questions. At one end of the spectrum are those who
question their very legitimacy as IPRs (Stern 2007). In contrast, there are
others who see in GIs a variety of normative possibilities like valorising
the rights (actually, products) of rural communities, indigenous groups
and holders of traditional knowledge (Bérard and Marchenay 1996).
Even in terms of the relationship between its closest family members in
the pantheon, trademarks, there are those who seek a departure from the
`language of trumps', and read in the World Trade Organization (WTO)
dispute1 on this matter a nuanced approach towards the legitimate pos-
sibility of co-existence (Gangjee 2007). The negotiations on GIs speak to
some to some of these concerns as well ­ and go well beyond.2 It is also
the case that GIs are increasingly figuring in other forums as well, such as
at the Food and Agriculture Organization (FAO) in terms of commod-
ity prices, petty agriculture producers, at the World Intellectual Property
Organization (WIPO) as one amongst other instruments to protect
traditional knowledge and also at the United Nations Environment
Programme (UNEP) in terms of biopiracy. GIs are often presented with
these multiple policy objectives, including: protecting the environment,
promoting sustainable development, securing rural livelihoods, protect-
ing and rewarding holders of ...