Geographical Indication and Traditional Specialities Guaranteed with Local Wisdom of Thai Food Protection

Abstract

This research was a qualitative research conducted based on the documentary research and in-depth interview with the objectives included : 1) to study concept and theory of intellectual property law; 2) to study concept and theory of protection of geographical indication and traditional speciality guaranteed in Thailand and regulation (EU) No. 1151/2012 of the European Parliament and of the Council; 3) to compare the similarities and differences in the measures to protect local wisdom of food by the geographical indications of Thailand and regulation (EU) No. 1151/2012 of the European Parliament and of the Council; and 4) to propose additional legislation to protect local wisdom in Thai food. The researcher had studied and analyzed protection of local wisdom of Thai food by intellectual property law and found that local wisdom of Thai food cannot be protected by copyright, patent, trademark or trade secret. While this study found that Geographical Indication of Thailand and Geographical Indication and Traditional Specialty Guaranteed of European Union (the European Council Regulation on Standards for Agricultural Products and Foodstuffs No. 1151/2012) can protect local wisdom of Thai food, there is a limitation in the case of local wisdom of Thai food which is not linked to geographic sources. Local wisdom in Thai food which is widespread cannot be protected by the Geographical Indication Law. In addition, the ambiguity of the provisions of the term “goods originated from geographic sources” is not clear that whether it requires raw material or a process of production at all stages within a geographical source, or not. However, regulation (EU) No. 1151/2012 do not have the same restrictions as previously mentioned. Because the Geographical Indication Law of the European Union is divided into Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI). Protected Geographical Indication (PGI), some raw material or production processes can be produced outside geographical sources. In addition, regulation (EU) No. 1151/2012 have traditional speciality guaranteed. As a result, even local wisdom of Thai food without a link to geographic sources can be protected. Therefore, there is no restriction on local wisdom of Thai food which is not linked to geographic sources, local wisdom is widespread in many areas and the manufacturer must be in the geographic area only. Thus, the researcher proposed to amend the Geographical Indication Act, B.E. 2546 (2003) Section 3 “Products originated from geographic sources” and additional legislation on traditional speciality guaranteed.