Monopolising Names? : The Extension of Protection for Geographical Indications to “Jasmine Rice”
Dr Jakkrit Kuanpoth
Abstract
Geographical indications (GI) have been historically recognised and used as an instrument for securing the link between quality and other aspects of a certain product and its region of geographical origin, which in modern economic theory would be termed product differentiation and niche marketing. The marks used were distinct and enabled easy identification with the product’s geographical origin either through the depiction of geographical names (Bordeaux wine), local animals (panda bear), landmarks (Mt. Fuji sake), buildings (Pisa silk), heraldic signs (fleur-de-lys butter) or well-known personalities (Mozart chocolate).
Jasmine rice comes from the native rice varieties found in the North-East locality of Thailand. This rice can be grown under particular climatic conditions and using the traditional farming procedures of Thai North-Eastern communities living within the area. Jasmine rice is highly aromatic and has excellent flavour. The name “Jasmine rice” has been misappropriated and used by companies in the West, including “RiceTech”, a US rice trader. If the term Jasmine rice is protected as a GI, it would prevent such an unfair trade practice. GI protection would ensure that the “Jasmine” rice denomination is not used to sell products other than those produced by the 16 million Thai farmers. This is why Thailand, along with India, Egypt, Pakistan, and Sri Lanka, is at the forefront of the GI debate at the World Trade Organization (WTO).
The objective of this paper is to explore policy options to ensure that the protection of GIs not only contributes to prevention of unfair business practices but also promotes the goals of sustainable development. Specifically, the paper aims to examine the potential of GI protection for achieving the goals of export expansion, income generation, economic growth, rural development, environmental and biodiversity protection, management of rural organisation, and social goals.
Short bio
Jakkrit Kuanpoth is currently a senior lecturer at Faculty of Law, University of Wollongong, Australia. He was formerly an Associate Professor at Sukhothai Thammathirat Open University, Thailand. He is a graduate of Ramkhamhaeng University and a Barrister-at-law (of Thai Bar), holds an LLM in International Economic Law from the University of Warwick and a PhD from the University of Aberdeen, UK. While teaching in Thailand, Jakkrit was appointed as an academic advisor to the Minister of Natural Resources and Environment of Thailand. He also sat on Thailand’s House of Representatives and the Senate select committees scrutinizing draft bills on plant variety protection and on geographical indications.
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