Innovation and Entrepreneurship in Southeast Asia: The Role of Geographical Indications

Authors

DOI:

https://doi.org/10.34190/ecie.19.1.2491

Keywords:

community development, geographical indications, innovation, legislation

Abstract

The Southeast Asian economies have been highly proactive in developing Geographical Indicators (GIs) within their jurisdictions. For instance, Thailand developed its “One Tambon One Product” (OTOP) project to support community co-operatives in tambons (sub-districts) and villages throughout Thailand. The aim was to increase village incomes and preserve local wisdom. This followed Japan's One Village One Product (OVOP) program. This was followed by its “One Province, One GI” to encourage each of its 76 provinces and Bangkok to develop at least one GI product. The aim was to increase village incomes and preserve local wisdom. Subsequently, the Lao People’s Democratic Republic (PDR) established its One District One Product (ODOP) program. In addition, local communities throughout most of the eleven Southeast Asian Nations, often with the support of external development agencies, have protected their products using GIs or Trademark legislation. The number of domestic GIs registered within the eleven Southeast Asian nations as of April 2024 was Cambodia with seven, Indonesia with 127, Lao PDR with six, Malaysia with 79, Thailand with 194, and Vietnam with 94. These cover both agricultural and non-agricultural products, with the majority in each jurisdiction being the agricultural sector. This paper outlines the legislative framework of GI protection of products from the above jurisdictions and how the legislation has provided a framework for local entrepreneurs and communities to develop and protect local products, thus improving the quality of life of those local communities, whether as producers or providers of labour. Cambodia and Lao PDR have also followed a different path to registering GIs as they are parties to the World Intellectual Property Organisation’s Geneva Act, which provides a one-stop shop for registering GIs. Products protected by the relevant legislation include agricultural products, products derived from agricultural products, cooked food, handicrafts, and woven cloth, including associated designs and pottery methods and designs. Three examples are provided in detail: Kampot Pepper – Producers return to ancestral lands after 40 years of civil war and unrest; Bolaven Coffee – International development agencies support small landholders to form a co-operative to support the development of their community; and Mak Mao Berry Juice – One man’s 30-year passion to commercialise a local product.

Author Biographies

Robert Smith, University of New England Armidale

Dr Robert Smith graduated with a BSc in 1969 and has undertaken postgraduate studies in Education, Engineering and Law. He holds a PhD in engineering and is currently a PhD candidate in law at the University of New England, Australia and an international development consultant working in Southeast and South Asia.

Nucharee Smith, Kasetsart University Chalermphrakiat Sakon Nakhon Province Campus, Sakon Nakhon, Thailand

Dr Nucharee Nuchkoom Smith is an Assistant Professor in International Law at the Chalermphrakiat Sakon Nakhon Province Campus, Kasetsart University, Thailand. She has completed postgraduate political science and law studies in Australia and Thailand. Before entering academia, she was a legal officer at the House of Representatives Thailand.  

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Published

2024-09-20