![]() ![]() 1.1 A Synopsis of the Diffusion of IP Lawĭiffusion of law, defined by William Twining, refers to a process in which one legal order, system, or tradition influences another in some significant way. With the first clue of diffusion of law, we uncover the mystery. While some studies have diagnosed why the country has failed to make the most of the GI scheme, Footnote 2 little is known about how and why the law has been brought into the region. Meanwhile, Vietnam gets little from GIs despite its famous gastronomy, an agricultural sector that forms the backbone of the economy, and the fact that the whole land is saturated with plantations of banana, coconut, and citrus trees, coffee and black peppers. While many GIs are available worldwide, the European Union (EU) and the United States (US) are the largest markets, Footnote 1 each making significant profits from selling GI-protected commodities. Not just that, a GI empowers its holder to prohibit other traders from misusing or imitating the product, reducing consumer search costs where product visuals might not appear different. A GI label can persuade consumers to dip deep into their pockets. GI labels, such as Darjeeling tea, Parma ham, Scotch whisky, Champagne, and Cuban cigars, equate to a certificate that guarantees a product’s authenticity and uniqueness. It extends beyond the ordinary commercial label that gives basic information about a product: it unveils the product’s geographical origin as well as the quality or reputation owing to that area. ![]() Similarly, its legal voyage faced no fewer hurdles.Ī GI is a product label, but a powerful one. ![]() ![]() Like monk Xuanzang, Vietnam “travelled” to the West to learn how to protect agricultural products through geographical indications (GIs) – a Western-invented concept. They survived 81 adventures before returning to China with sacred scriptures. This Chinese folktale follows Buddhist monk Xuanzang on a pilgrimage he made to India with four disciples on a search for holy books. Like Peppa Pig for British children, “Journey to the West” (or Tây Du Kí in Vietnamese) formed part of many Vietnamese childhoods. ![]()
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