‘Green GI’ and Sustainable Development
Intellectual property rights (‘IPRs’), particularly geographical indications (‘GIs’), can be an excellent tool for encouraging environmentally friendly practices. The emergence of “Green GIs”, which are both environmentally friendly and compatible with the maintenance of biodiversity and landscape, reflects the utility of using IPRs on traditionally produced goods. These GIs are considered capable of providing prospects for new forms of rural development, community autonomy, preservation of cultural traditions, and even conservation of biological diversity. This is particularly the case when the production of goods encourages the stewardship rather than the depletion of the natural resources from which they are made.
GIs have the capacity to recognise and, in line with the nature of the GI itself, protect positive environmental practices. As a point of illGIs have the capacity to recognise and, in line with the nature of the GI itself, protect positive environmental practices. As a point of illustration, the ‘Green’ EU GI specification of jersey royal potatoes indicates that the majority of crop is planted by hand. While artificial fertilisers are used, locally collected seaweed, an excellent source of organic fertilizer and flavour enhancer, is used extensively. Similar examples include the EU GI specification of Arroz de Valencia and Diepholz Moor Lamb. Indeed, other IPRs, including the regulation of collective trademarks for instance, are equally capable of recognizing and protecting environmentally sustainable practices.ustration, the ‘Green’ EU GI specification of jersey royal potatoes indicates that the majority of crop is planted by hand. While artificial fertilisers are used, locally collected seaweed, an excellent source of organic fertilizer and flavour enhancer, is used extensively. Similar examples include the EU GI specification of Arroz de Valencia and Diepholz Moor Lamb. Indeed, other IPRs, including the regulation of collective trademarks for instance, are equally capable of recognizing and protecting environmentally sustainable practices.
Recognition, Knowledge, Resilience
The Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage were first adopted in June 2008. In particular, the Directives contained in Chapter 6 establish a framework related to ‘environmental sustainability’ which is relevant for the adoption of IPRs on intangible cultural heritage (‘ICH’). The framework consists of three pillars (UNESCO 2018):
Recognition: The first theme is the recognition by States Parties of ‘environmental impacts in the safeguarding of intangible cultural heritage’.
Knowledge: The second theme, ‘knowledge and practices concerning nature and the universe’, encourages the recognition of ‘communities, groups and individuals as the bearers of knowledge about nature and the universe and as essential actors in sustaining the environment.’
Resilience: The third and final ‘pillar’ of this framework relates to ‘community-based resilience to natural disasters and climate change’, according to which States Parties should ‘fully integrate communities, groups and individuals who are bearers of such knowledge into systems and programmes of disaster risk reduction, disaster recovery and climate change adaptation and mitigation.’
The first pillar of the IPR on ICH framework is twofold. States should: a) encourage environmentally friendly practices, and b) mitigate any possible harmful impacts (UNESCO 2018). An example of an intellectual property (‘IP’) strategy that encourages good practice and recognizes environmental impact relates to Coorg Orange.In the case of this crop, local producers have successfully used IP, creating positive impacts on the landscape and its associated biodiversity.
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