In her book, Barbara Pick, an international consultant on intellectual property and development, dissects the operation of geographical indications (GIs) in real-world scenarios, moving “outside the international negotiations, the statutes, and the textbooks” (p. 9). Using France and Vietnam as country case studies, the author meticulously examines twelve GI initiatives within both regions. The book reveals the motivations and procedures behind GI establishment while identifying factors impacting the GIs’ application and economic value. A significant feature of this publication is its unique empirical approach, which imparts fresh insights and holds particular relevance for countries like Vietnam, where empirical data is limited and the subject is underexplored.
Putting aside the historical ties between the two countries, Pick's selection of France and Vietnam as comparative jurisdictions is grounded in multiple reasons, as expounded in Chapter 1. Both associate GIs with economic and non-economic objectives, enabling the author to assess the outcomes of GI programmes vis-à-vis their intended goals. Furthermore, both countries employ trademark and sui generis frameworks to protect GIs, enabling a viable comparison. Finally, different socioeconomic developments and institutions allow one to study how those factors affect GI implementation.
Chapters 2 and 3 provide context for the establishment, operation, and effects of twelve GI examples. This is achieved by comparing the two countries’ sui generis and their trademark systems. While Vietnamese scholars have long recognized the French influence on the country's legal system, Pick reveals an exciting observation that France's early technical assistance to Vietnam likely led local practitioners to adopt a strict interpretation of the “terroir” concept beyond legal requirements. Chapters 4 and 5 delve into the essence of GIs. Chapter 4 addresses a fundamental question: why does a community require GIs? Although the answer varies from one product to another, the author highlights a critical difference between the two countries: “In France, most products had an established reputation before the GI protection, which is often not the case in Vietnam” (p. 79). Chapter 5 emphasizes the distinct roles local stakeholders and the state play in decision-making processes.
The subsequent chapters examine both market and non-market aspects of GIs. Chapter 6 analyses the initial six GI cases using origin labels, while Chapter 7 pinpoints obstacles faced by producers in adopting labels or crafting traditional products. This is detailed in the remaining six “GI failure” case studies. Chapter 8 broadens the perspective of studying GIs’ impacts beyond the market and identifying key factors. The book concludes in Chapter 9, summarizing findings and offering practical recommendations for improved GI implementation.
To Vietnamese readers, Pick addresses ‘the elephant in the room’, which has handicapped the local GI system: corruption and non-transparency. Such practice is rooted in the country's state-led model, where the state wields direct and indirect control, granting state officials a legal and institutional basis for exercising discretion. Regrettably, GIs have been manipulated as political tools, with provincial leaders frequently establishing them as personal political legacies during their tenure rather than genuinely working towards promoting local products.
This captivating book provides an enjoyable and enlightening journey for scholars, practitioners, and policymakers alike and is sure to invigorate your perspective.
Competing interests
The authors declare none.
