Development of Legal Measure on Quality Control for Geographical Indications

Abstract

This research is a qualitative research conducted based on the documentary research and in-depth interview with the objectives to (1) study concepts, theories, and background of geographical Indications, (2) compare the legal measures on the Quality Control for Geographical Indications under the International Agreement, the Regulation (EU) No 1151/2012, the Japanese Law and the Thai Law, (3) analyze and compare the legal measures on the Quality Control for Geographical Indications under the International Agreement, the Regulation (EU) No 1151/2012, the Japanese Law and the Thai Law, and (4) issue the guideline to rectify and revise the law concerning Thai Geographical Indication. The result revealed that Paris Convention, Madrid Agreement, Lisbon Agreement and TRIPs Agreement set no rules to support the Quality Control for Geographical Indications. However, there is a coherent general principle in prohibiting the use of confusing or misleading name to the public. The Regulation (EU) No 1151/2012 and the Geographical Indications Act of Japan enforce that an applicant must show the proof of quality control retrieved from the competent authorities prior to registration. When completing the registration proceeding, the law states that the producer needs to perform his duty to show the name and symbol of the product. When in doubt of qualification of the product, the law imposes a sanction to revoke the geographical indication license, which does not exist in the law protecting geographical indication of Thailand. This is considered as a difficulty to the law enforcement and affects the product standard. Thus, the researcher proposes a suggestion that the act on Protection of Geographical Indication B.E. 2546 and the related laws needs to be amended. In this regards, the proof of quality control prior to registration is proposed to be stated in the law to let a producer to follow to the guideline for the geographical indication user. For the control plan submitted prior to the registration, the registrar is suggested to be authorized to control the geographical indication after the registration is complete for monitoring and checking practicing of the producer with the quality control criterion prior to geographical indication registration. When situation that quality of the product changes after the registration, the registrar is suggested to be authorized to amend or revoke the geographical indication license. Likewise, at the starting point of counting the period of time,  the use of geographical indication symbol is suggested to be limited for 2 years after the date that evaluating and checking the practice with the plan and the guideline for the geographical indication user.