Rethinking Geographical Identity in the Age of Climate Change: Challenges to GI Protection
Abstract
Abstract Climate change causes a fundamental challenge to the lawful and theoretical foundations of geographical indication (GI) protection by destabilising the geographical and environmental conditions upon which product identity, quality and reputation depends. This article examines how rising temperatures, altered precipitation, biodiversity loss and ecological instability challenge the conventional understanding of the “origin link” between a product and its geographical origin. It contends that current GI structures, mainly intended to stop consumer deception, misappropriation and reputational damage, are inadequately able to tackle climate induced alterations in adaptation production conditions and geographical relocation. Drawing upon GI jurisprudence and the experiences of Kashmir Saffron and Kashmir Pashmina, the article demonstrates how climate change threatens not only individual products but also the socio-ecological systems, traditional knowledge and communities sustaining them. It recommends a move from stagnant authenticity towards ‘adaptive authenticity’, maintained by periodic climate-impact assessments, dynamic product specifications, scientific monitoring and climate-smart GI supremacy. The article concludes that safeguarding the potential of GI protection necessitates integration authenticity with adjustment while safeguarding the necessary association between place, product and the community.
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