Geographical indications and traditional cultural expressions: A comparative legal analysis of the GI laws of Indonesia and India and a case study analysis

Abstract

Many of the geographical indications (GI) in developing countries are intellectual creations with incredible uniqueness generated by traditional communities and local people. These products are linked to the culture of that community and hence can be considered as traditional cultural expressions (TCE). Dev gangjee and Steven Van Uytsel and argued that TCE can be protected under the law of GI. Moreover, there are many similarities between GI and TCEs. These two forms share some unique characteristics that other intellectual property systems are not indulged in as well as not in concern with of many nations. Handicrafts, textile products, pottery works, jewellery works are some prime examples of TCEs protected under the law of GI in India and Indonesia. This article intends to validate the compatibility of GI laws in providing space for TCEs and give some suggestions for enhanced compatibility. Case study approach has been used as methodology and that the study presumes that the present GI laws in India and Indonesia are not capable of adequately protecting TCE.