Protecting Culturally Identifiable Fashion: What Role for GIs?

Abstract

Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both praise and criticism for footwear modeled on royal sandals from Ghana. This essay explores the potential to use geographical indications as a form of cultural protection that extends beyond food and wines to protect culturally identifiable fashion items.