Challenges and opportunities for protecting geographical indications in Thailand

In this paper, the legal framework for the protection of geographical indications (GIs) in Thailand is analysed and challenges the country has been facing in that regard are discussed. Although the legal protection of GIs is ensured by the World Trade Organization, unresolved issues remain concerning GI protection in Thailand. Biopiracy, existing conflicts of interests concerning different types of intellectual property rights (trademarks and patents versus GIs) and the rise in regional and bilateral trade agreements have created major challenges at the multilateral level. In drawing on GI cases in Thailand, in particular that concerning jasmine rice, an attempt is made to further analyse these challenges to protect genetic resources from the perspective of Thailand. This paper concludes with suggestions on how such challenges can be mitigated and in which direction trade negotiations should be shaped.