'Indio-genius': Geographical indications as intellectual property for IPs

“Sir, maprotektahan ba nimo produkto namin?” (Sir, can you protect our product?) asked a coffee farmer during my visit to Bansalan, Davao in 2022.

In one video of National Artist for Film Kidlat Tahimik, he emphasized calling Indigenous Peoples as ‘Indio-genius.’ Indigenous peoples (IPs) in the Philippines are known for their deep-rooted traditions, customs, and cultural heritage, passed down through generations of storytellers. These highly traditional practices connect them to their ancestral past and sustain their communities’ way of life. Philippines’ Indigenous Peoples Rights Act of 1997 furthers that they have continuously lived as an organized community on communally bounded and defined territory.

However, as poverty and climate change challenge their survival, IPs have a growing potential to transform their rich heritage into valuable intellectual property (IP) assets, specifically through geographical indications (GIs). This potential is seen in the experiences of indigenous communities engaged in agriculture, particularly those assisted by Varacco, its Smart FARM initiative, and its partners from UPLB, as well as the Flores and Ofrin Law Firm.

Indigenous Knowledge as Intellectual Property through Geographical Indications

Indigenous traditions have always been a form of intellectual property, though rarely formalized. These traditions, whether agricultural methods, storytelling, or unique crafts, form a body of knowledge developed through experience and cultural practices. For instance, the rich tradition of coffee farming in regions like Benguet and Kalinga, where unique coffee beans are cultivated, could be registered under geographical indications. This would protect not only the coffee but the specific methods and environmental conditions that contribute to the beans’ distinct flavor and quality. Additionally, traditional crafts like T’nalak, the handwoven fabric made by the T’boli people, could also be protected under GIs, ensuring that its cultural and artistic value remains with its Indigenous creators. By registering these products and techniques as geographical indications, Indigenous communities can take ownership of their traditional practices and preserve them for future generations. This formalization can turn their knowledge into legally protected assets, safeguarding their traditions from exploitation.

Protecting Cultural Heritage Against Poverty and Climate Change

Indigenous communities face external pressures from poverty and climate change, which threaten their cultural heritage and livelihoods. Traditional crops such as coffee and cacao, commonly cultivated by IPs, are vulnerable to environmental changes such as drastic typhoons. Registering these products under GIs helps ensure that IPs can continue to benefit economically from their traditional knowledge while protecting it from exploitation. This process also enables communities to develop resilience by securing legal protections for their products and methods.

Geographical Indications as Tools for Economic Empowerment

Registering indigenous knowledge under geographical indications enables communities to control their economic future. Coffee, cacao, and other agricultural products can be protected as IP assets, ensuring that any commercial use benefits the community. For instance, by protecting T’nalak as a geographical indicator, the T’boli people can prevent unauthorized imitation and ensure that they are properly credited and compensated for the use of their designs. By formalizing these traditional practices, IPs can secure both cultural preservation and economic development. GIs offer IPs a pathway to protect their techniques for growing, harvesting, and processing crops, ensuring that the community directly benefits from the commercial value of their knowledge.

The Process of IP Registration as a Form of Cultural Ownership

According to Flores and Ofrin Law Office, “intellectual property is not just a goal but a process.” It’s about recognizing traditional knowledge's value, formalizing it through registration, and using it to build sustainable enterprises. For indigenous peoples, the process of IP registration is a way to take ownership of their culture and knowledge, ensuring it is passed on and benefits their communities economically. By formalizing their IP, they can control how their cultural heritage is used, preventing others from exploiting their knowledge for profit without fair compensation.

Raising Standards of Living Through Geographical Indications

The Intellectual Property Code of the Philippines (IP Code) recognizes Geographical Indications (GI) as an intellectual property. IPOPHL defines Geographical indication as any indication that identifies a good as originating in a territory, region, or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin and/or human factors. Registering geographical indications offers Indigenous communities legal protection against the unauthorized use of their traditional practices. This allows them to license their IP, creating new revenue streams that can be reinvested into the community. Such efforts also open up opportunities for sustainable enterprise development, focusing on preserving indigenous methods' cultural significance. Beyond agricultural products like coffee and cacao, GIs can extend to crafts, medicines, and cultural expressions, offering broader protection for indigenous traditions.

Last October 2022, I attended the Asia-Pacific Symposium on Agrifood Systems Transformation in Bangkok, Thailand. Geographical Indications was a hot topic. The One Country One Priority Product (OCOP) initiative, launched by FAO in 2021, aims for the sustainable development of unique, culturally significant products. These include items with geographic indications, distinct farming practices, or heritage value. OCOP fosters inclusive value chains to transform food systems in line with the SDGs. In May 2022, FAO’s Asia-Pacific Regional Office launched the regional OCOP, gathering ministers and officials to discuss implementation. The creation of a Regional Knowledge Platform was recommended to enhance collaboration. OCOP’s success relies on strong government leadership and active stakeholder participation to ensure country ownership and sustainability. [Link here: https://www.fao.org/one-country-one-priority-product/asia-pacific/en]

Enterprise Development and Sustainability through Geographical Indications

Building sustainable IP-based enterprises is not just about creating commercial ventures—it is a means of preserving cultural heritage. By registering their traditional practices, indigenous peoples can increase the value of their enterprises and protect their knowledge from exploitation. The registration of GIs allows indigenous communities to retain ownership of their brand and its traditions, creating powerful tools for economic growth and cultural preservation.

From indigenous to “indio-genius” peoples in the Philippines, supported by organizations like Varacco, Thinnkfarm, or Flores & Ofrin Law Firm, can leverage their traditional knowledge as intellectual property to create sustainable, IP-registered enterprises. By formalizing their agricultural and cultural practices as IP, they can protect their heritage, increase their economic value, and preserve their traditions for future generations. Intellectual property, when embraced as a process, offers a pathway to both cultural preservation and economic empowerment.