Implementation of effective geographical indications = Implementación de indicaciones geográficas de manera efectiva

Geographical Indication (GI) contains a number of economic tools and, due to the close relationship with their territory of origin, GIs are used as a mechanism to reach and benefit local communities through the increased remunerative value associated with their agricultural, handicraft and artisan production. Empirical evidence indicates GIs provide economic, social, and environmental effects over their territory of origin although; the grade of impact differs from case to case. Inadequate structures and weak governance also generate unexpected outcomes such as; abandonment of traditional practices, or the destruction of biodiversity —especially in developing countries where scarcity of economic resources and the inability of sustaining long–term commitments has been evident. GIs require a careful analysis of the circumstances in which the product is embedded under GI recognition, as well as the study of resources available for its implementation. GIs are a legitimate form of intellectual property —a status which guarantees the owner’s right to economically exploit it. Due to connection to the land, GIs could also generate social and environmental impacts over local communities that are not trivial. This paper aims to outline a GI implementation process that has a wider scope of variables, in order to obtain not only economic, but social and environmental benefits for the region to which the GI is linked. This paper is organized in two parts of three sections each. The first section describes the objectives, structure, and methodology used by the author. In the second, a “state of the art” for GI is explained; outlining some expected benefits and challenges. The third section establishes a legal basis for GIs, providing a background of the international legal schemes and current discussions. In Part 2, Section 4 analyses five existing GI cases; describing the circumstances and focus undertaken by GI policy makers. In the analysis that follows, specific patterns and relationships between variables and ...