Protecting Lao Food

A Process of Pride and Economics for Laos

Written by: Danae Hendrickson

Edited by: Mary Chavez

*Photo: Danae Hendrickson, women cooking in Laos*

Why does Lao food need protecting?

Food represents more than just our diet; food represents our culture, identity, values, traditions and even our future. Wars have been fought over food! (1) As Lao people, we are well aware of the heated debates that revolve around which country created classic dishes such as papaya salad or mango and sticky rice dessert. These debates are rooted in regional history and shared palates by the people of that region. To move forward together, we need to work together to cooperatively elevate Lao dishes, its agriculture, and its people.

On February 26, 2022, General Daren Tang, director of the World Intellectual Property Organization (WIPO), welcomed Laos as the first to join the Geneva Act of WIPO’s Lisbon Agreement.

From WIPO, “The Geneva Act provides producers of quality products linked to origin, with faster and cheaper access to the international protection of their products' distinctive designations. It further develops the legal framework of the Lisbon System, which helps promote many globally marketed products such as, for example, Bananas of Costa Rica, Tuscan Oil, or Limoges porcelain.” (2)

What does this mean exactly?

Laos claimed its place as the 53rd country to join the International System of Geographical Indications. Countries that are a part of this international system can protect their unique products in one procedure. (3) Products that are certified are known to boost commercialization, international trade, improve value chains in-country and provide more opportunities for future products. What makes these items candidates for protection? First, it’s important to know the most common certification processes- Trademarking.

Trademark

Trademarking began over 2000 years ago in the time of Ancient Rome. (4) It seems that as soon as civilization started to take pride in their craft, they wanted to place their mark on it. A trademark, “Identifies the source of your goods or services, provides legal protection for your brand and helps you guard against counterfeiting and fraud.” Trademarks are maintained on a country-by-country basis and are not protected globally. (5) Once international travel and trade were initiated, the adoption and adaptation of culture was inevitably put into motion. When you walk through your grocery store today, you’ll see products that have been protected (6): Parmigiano Reggiano cheese and Prosciutto di Parma from the Parma region of Italy, Toscano olive oil from Tuscany, Roquefort cheese, Champagne from Champagne France, Irish Whiskey, Darjeeling tea, Florida oranges and many more.

Geographical indication (GI)

As defined by the Food and Agriculture Organization of the United Nations (FAO), “GIs are intellectual property (IP) rights that indicate food products or handicrafts as originating in a territory where a given quality and reputation or other unique characteristic of the goods, including raw materials or the methods of production used, is linked to provenance.” (7) Geographical Indications are recognized globally and covered by Article 22 of the TRIPS Agreement. In this agreement, The World Trade Organization recognizes that geographical indications, “have to be protected in order to avoid misleading the public and to prevent unfair competition.” (8)

Appellation d'origine contrôlée (AOC, "controlled designation of origin")

Appellation d’origine contrôlée or AOC is a more specified certification under Geographical Indication while most products that are protected under the AOC fall under EU and UK law. AOC is a certification of authenticity granted to geographical indications for certain agricultural products, based on the terroir and specific origin. Some items that fall under the protection of AOC are cheeses, wines, meats, honey, spirits, and more. (9)

In short, a trademark points back to the company and protects a brand. Geographical Indication points to the origin, people, the quality or reputation, and most often certifies wines, spirits and agricultural products. Appellation d'origine contrôlée points to the origin, the people, the terroir and the quality, and most often certifies cheeses, wines, meats, honey, and spirits.

The Launch of Geographical Indication in Laos

Products that are GI certified are known to increase commercialization, promote international trade, enhance value chains in-country, give way to more opportunities for future product certifications, and much more. (10) Member countries of the Association of Southeast Asian Nations (ASEAN) began to develop GI schemes for their products.

The pilot project launched in May 2018, and was focused on Small Business Enterprises (SMEs.) The following four products were a part of the pilot project:

*Photo: Lao Food Foundation, Rice Paddies in Laos*

Khao Kai Noi (Small Chicken Rice)

Khao Kai Noi rice is grown in the Houaphan and Xieng Khouang provinces. This rice is known for its unique taste and aroma, low percentage of waste when it is milled, high yields, and yellow color. (11) The Network for Agriculture and Rural Development Think-Tanks in Mekong Subregion (NARDT) published a research report on the ‘Study of the Genetic Diversity of Khao Kai Noi (Small Chicken Rice) Rice Germplasm by Morphological Characters.’ In this report, they open by saying, “Lao PDR is recognized as one of the centers of genetic diversity of traditional rice varieties, with the number of traditional Lao varieties which have been collected and are now being maintained in the International Rice Germplasm Bank, being among the highest any individual country in the world. It is recognized that some characteristics of the traditional varieties have the potential to make a significant contribution to future rice breeding programs.” (12)

In case you missed it, Laos has the highest number of rice varieties in the world!

*Photo: Christiana Kamprogianni*, *Farmer harvesting tea*

Komen Tea from Phongsaly province

Hill tribes in northern Laos and Thailand have a long history in tea cultivation, particularly Khmu, Lua, and H'tin. (13) In a case study published by Academic Journals, the tea culture in the province of Phongsaly is quoted as being similar to the rich tea culture in Yunnan, China. Phongsaly is a highly diverse province with 28 nationalities represented. The tea planting Komen Village is made up of about 80 families, a total of 313 people. (14) In Phongsaly province, both ancient and modern varieties are grown using only organic farming methods. (15)

*Photo: Danae Hendrickson, Coffee plant in Paksong*

Bolaven Coffee from Paksong (Champasak province)

Located on the Bolaven Plateau, Paksong is known for its coffee production and exports. The Bolaven Plateau sits at 1,000-1,350 meters above sea level, which provides an ideal climate for growing coffee. Coffee was introduced to this region by the French in the 20th century! (16) Paksong coffee's flavor profile closely resembles that of tea because of its delicate acidity, full body, and sweet vetal and nutty notes.

*Photo:* *Traditional Arts and Ethnology Center (TAEC)* *Tai Daeng “Life in Laos” Silk Wall Hanging by master Tai Daeng silk weavers in Houaphan Province. Available for purchase* *HERE*

Houaphanh Silk and Luang Prabang Silk

Houaphanh Silk and Luang Prabang Silk are the last items that became a part of the GI in 2018. Tai Daeng weavers in Houaphan Province, northeastern Laos, are considered ‘Laos’ best silk weavers.’ Inspired by Buddhist iconography, the traditional and contemporary designs are woven with handspun silk fibers. (17)

Does protecting food benefit its producers?

Geographical Indication is designed to promote international interest in the products and elevate their producers and local economy. Is it working in Laos?

From Laotian Times, “These GIs can now benefit both producers and consumers. They bring together superior quality along with the preservation of biodiversity and traditional landscapes, local heritage, and production methods passed down over generations. This reputation typically translates into prices 20 to 50 percent higher than comparable non-GI products.

These Lao GI’s are already drawing interest and trade. Mr. Diem, a silk producer of the Luang Prabang Silk Promotion Association, has seen an increase of sales of about 67 percent despite the COVID-19 pandemic. Similarly, Mr. Senthong, a tea producer member of the Paksong Tea Promotion Association, confirms that the registration of tea as a GI has cemented their reputation and opened new market opportunities.”

Mr Nasar Hayat, Representative to Lao PDR of the Food and Agriculture Organization of the United Nations (FAO) noted that, “FAO recently completed a project in Lao PDR that facilitated the establishment of an internationally compliant GI system. You know, this Certification has very stringent requirements so it can be a daunting process to undertake, but our work has shown that it can bring significant benefit for rural communities through income generation, investment promotion, employment and prevention of a rural exodus to cities”.

FAO worked with the Ministry of Industry and Commerce and the Ministry of Agriculture and Forestry to choose six products in the agriculture sector, aiming to enhance value chains in the country through an increase in exports and the local sale of products certified under the new GI system. Products registered through the pilot project include: Paksong Tea, Komen Tea, Houaphanh Silk, Luang Prabang Silk, Bolaven Coffee and Xiengkhouang and Houaphanh Khao Ka Noi rice.

The establishment of the system and the success of the pilot value chains have now opened the door for more products to be registered. As Mr Hayat noted “We are excited that the increased recognition and exports for these products means there are a number of additional unique, high value products in the pipeline for certification. These include Phousan Tea and Silk, Xiengkhouang Silk, Sekong Ginseng and Nam Bak Oranges.” But he confirmed more work is needed as it is all a process of ongoing learning. “While tea and coffee has seen marked improvement in their sectors, additional work is needed to add value to silk and we are looking at how it can be used for other purposes such as medical purposes.”

What should be the next product from Laos protected by Geographical Indication?