A case for activating producers’ rights in discussions on conservation of biodiversity through Geographical Indications

Geographical Indications (GIs) are collective rights granted to a group of producers in a limited geographical area. One of the rationales of GI protection is biodiversity conservation which is rapidly being advanced. However, if the GI fails to value the terroir associated with it, it can risk erosion of bio(cultural)diversity. In this paper, taking lessons from such experiences, we argue for activating producers’ rights in discussions on biodiversity conservation through GIs and for the systematic inclusion of environmental law, which is considered relevant by the producers, in the GI specification. The rationale of sustainability and sustainable development and the integration of the capabilities approach to IP governance is part of our theoretical underpinnings for such an argument. Given the relationship between these concepts, we first explain biodiversity conservation and then situate the role of GIs in this context. Finally, we also differentiate between third-party certifications and eco-labels and GIs. The role of the former can be useful but limited as GIs offer a better opportunity to include producers’ own views. We support our arguments throughout the paper using various examples from secondary empirical research. In practice, we argue for making GI laws, including designing of GI specifications, in a manner that producers’ participation is included by design. Considerations of bio(cultural)diversity should be, by design, a part of GIs to increase their efficiency in fulfilling this rationale of protection. This calls for more interdisciplinary and intradisciplinary engagement from GI scholars as well.