With the adoption of the WTO TRIPS Agreement at the international level, the protection of geographical indications (GIs) gained momentum, with developing countries hoping to add value to geographical products, ensuring consumer interest...
moreWith the adoption of the WTO TRIPS Agreement at the international level, the protection of geographical indications (GIs) gained momentum, with developing countries hoping to add value to geographical products, ensuring consumer interest and preventing unfair competition in the market place. However, TRIPS-mandated GI regime suffers some inherent limitations, including the extended protection for only selected GIs and difficulties of obtaining protection in foreign jurisdictions. At the national level, due to the diverse legal and administrative practices to protect GIs, WTO Members often face complications in obtaining effective protection for their cultural products beyond the national jurisdiction. Against this background, this paper analyses some of the legal and institutional challenges that confront countries like Bangladesh in ensuring cross-border protection of their GIs. The paper argues that due to the absence of any universal policy regime to ensure cross-border GI protection, the trading interests of a least developed country (LDC) like Bangladesh are seriously undermined in other neighbouring countries. In addition, the sui generis GI registration system of Bangladesh is still at a nascent stage, which is not sufficient to address this issue. The paper further argues that only a shared understanding between neighbouring countries, mutual consultations and political consensus would enable the Abstract With the adoption of the WTO TRIPS Agreement at the international level, the protection of geographical indications (GIs) gained momentum, with developing countries hoping to add value to geographical products, ensuring consumer interest and preventing unfair competition in the market place. However, TRIPS-mandated GI regime suffers some inherent limitations, including the extended protection for only selected GIs and difficulties of obtaining protection in foreign jurisdictions. At the national level, due to the diverse legal and administrative practices to protect GIs, WTO Members often face complications in obtaining effective protection for their cultural products beyond the national jurisdiction. Against this background, this paper analyses some of the legal and institutional challenges that confront countries like Bangladesh in ensuring cross-border protection of their GIs. The paper argues that due to the absence of any universal policy regime to ensure cross-border GI protection, the trading interests of a least developed country (LDC) like Bangladesh are seriously undermined in other neighbouring countries. In addition, the sui generis GI registration system of Bangladesh is still at a nascent stage, which is not sufficient to address this issue. The paper further argues that only a shared understanding between neighbouring countries, mutual consultations and political consensus would enable the Abstract With the adoption of the WTO TRIPS Agreement at the international level, the protection of geographical indications (GIs) gained momentum, with developing countries hoping to add value to geographical products, ensuring consumer interest and preventing unfair competition in the market place. However, TRIPS-mandated GI regime suffers some inherent limitations, including the extended protection for only selected GIs and difficulties of obtaining protection in foreign jurisdictions. At the national level, due to the diverse legal and administrative practices to protect GIs, WTO Members often face complications in obtaining effective protection for their cultural products beyond the national jurisdiction. Against this background, this paper analyses some of the legal and institutional challenges that confront countries like Bangladesh in ensuring cross-border protection of their GIs. The paper argues that due to the absence of any universal policy regime to ensure cross-border GI protection, the trading interests of a least developed country (LDC) like Bangladesh are seriously undermined in other neighbouring countries. In addition, the sui generis GI registration system of Bangladesh is still at a nascent stage, which is not sufficient to address this issue. The paper further argues that only a shared understanding between neighbouring countries, mutual consultations and political consensus would enable the Abstract With the adoption of the WTO TRIPS Agreement at the international level, the protection of geographical indications (GIs) gained momentum, with developing countries hoping to add value to geographical products, ensuring consumer interest and preventing unfair competition in the market place. However, TRIPS-mandated GI regime suffers some inherent limitations, including the extended protection for only selected GIs and difficulties of obtaining protection in foreign jurisdictions. At the national level, due to the diverse legal and administrative practices to protect GIs, WTO Members often face complications in obtaining effective protection for their cultural products beyond the national jurisdiction. Against this background, this paper analyses some of the legal and institutional challenges that confront countries like Bangladesh in ensuring cross-border protection of their GIs. The paper argues that due to the absence of any universal policy regime to ensure cross-border GI protection, the trading interests of a least developed country (LDC) like Bangladesh are seriously undermined in other neighbouring countries. In addition, the sui generis GI registration system of Bangladesh is still at a nascent stage, which is not sufficient to address this issue. The paper further argues that only a shared understanding between neighbouring countries, mutual consultations and political consensus would enable the