The disappearance of traditions: the use of geographical indication and collective marks to prevent the loss of culture in South America

Covarrubia, Patricia The disappearance of traditions: the use of geographical indication and collective marks to prevent the loss of culture in South America. International Review of Intellectual Property and Competition Law. ISSN 0018-9855 / 2195-0237 (In Press)

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Abstract

The paper examines the role that geographical indications (GIs) and collective marks may play in the protection of traditional knowledge (TK) and traditional cultural expressions (TCEs). In the case of TK and TCEs, it is noticeable that although GIs and collective mark’s explicit objectives do not aim per se to safeguard and preserve TK and TCEs, they may do so consequently. The rationale is that by preventing the disappearance of collective knowledge, tradition and culture, GIs and collective marks can safeguard cultural identities by enhancing diversity and maintaining community life. Aside countries having national policies that aim specifically to preserve cultural heritage, this paper argues that GIs and collective marks may also support this strategy, either as a positive or defensive protection or both, in the preservation of culture.

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