The Effectiveness of Existing Intellectual Property Laws in Protecting Traditional Knowledge: A Case Study of the Protection of the Production Method for Fresh Cut Mangosteen in Nakhon Si Thammarat Province

Abstract

This research aims to examine the traditional knowledge of “Fresh Cut Mangosteen” in Nakhon Si Thammarat Province as a form of local wisdom, and to analyze the strengths and limitations of Thailand’s intellectual property laws in protecting such community-based knowledge. Employing a mixed-methods approach, the study integrates documentary legal analysis with qualitative fieldwork, including interviews and focus group discussions with producers, entrepreneurs, and government officials. The findings reveal that Fresh Cut Mangosteen represents a distinctive and economically valuable traditional practice, yet remains inadequately protected under existing legal frameworks. Current laws lack mechanisms tailored to the communal nature of local wisdom, resulting in unauthorized commercial exploitation and harm to the communities that preserve this heritage. The study proposes legal reforms to clarify definitions, rights, and protective mechanisms, and emphasizes the importance of community participation in managing and safeguarding traditional knowledge to ensure sustainable cultural and economic development.