Geographical indications as a protection mechanism for common-pool resources like geographic name

Abstract

This paper aims to evaluate if Geographical Indications (GI) can be considered an effective protection tool for common pool resources (CPR) such as geographical names. Common pool resources are assets highly subtractable and difficult to exclude when unprotected. In the modern era, absolute individual property largely replaced the collective characteristics that prevailed in Europe during the feudal period. However, in the current social context, collective forms of property are once again gaining ground, so that collective rights protection tools have their importance enhanced. Therefore, Ostrom (1990) identified common features for CPR that lasted over the long term, namely: i) clearly defined boundaries; ii) coherence between norms and local reality; iii) collective governance; iv) monitoring; v) gradual sanctions; vi) low cost conflict resolution mechanisms; vii) recognition of the right to organize; and for more complex resources viii) nested enterprises. Comparing the GI examination procedures in Brazil, as well as the regulations and legislations that guide the subject in that country, with the above criteria, it can be concluded that GI can be considered an appropriate tool for geographical names protection although with some limitations, since they satisfy most of the principles pointed out by Ostrom (1990).

Keywords: Geographical Indications. Common-pool resources. Collective property. Commons.