Intellectual Property and Traditional Cultural Expressions

Intellectual Property and Traditional Cultural Expressions

Daphne Zografos

This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights.

Chapter 5: Fair Trade Labelling

Daphne Zografos

Subjects: law - academic, intellectual property law

Extract

Fair trade bridges artisans’ needs for income, retailers’ goals for transforming trade, and consumers’ concerns for social responsibility through a compatible, nonexploitive, and humanising system of international exchange.1 5.1 INTRODUCTION Having examined the possibility of protecting TCEs with certification marks and collective marks in the previous chapter, this chapter reviews the success story of the fair trade labelling system, as opposed to national initiatives of TCEs protection with labels of authenticity. First, it examines the development of the fair trade movement, the aims and impacts of fair trade, and the functioning of the fair trade labelling system. The chapter then moves on to assess the protection that can be gained for TCEs by the fair trade labelling of handicrafts and the possibility of creating an international system of certification, inspired by the fair trade label, that could be used by indigenous people around the world for the marketing of their products. 5.2 5.2.1 WHAT IS FAIR TRADE? Definitional Considerations and Historical Development Fair trade is an alternative approach to conventional international trade. Over the past 40 years, there have been various definitions of fair trade. However, in 2001, four of the main fair trade networks agreed a common definition as part of a broader cooperation strategy. According to this definition: Fair Trade is a trading partnership, based on dialogue, transparency and respect, which seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of, marginalised producers and workers – especially...

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