Geographical Indications GIs in the Implementation of Public
Geographical Indications (GIs) in the Implementation of Public Policies: Best Practices and the Socio. Economic Dimension of GIs Presented at the Second WIPO Inter-Regional Meeting on South-South Cooperation on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement Cairo, Egypt, May 7 2013 By Getachew Mengistie, IP Consultant & Attorney, Addis Ababa, Ethiopia
Outline of presentation • What is GI? How is it protected? What rights does a protected GI confer? • What are the public policies that may be supported with GI? • Are there best practices or success stories that support the role of GI in meeting socio-economic development goals or needs? • What challenges may be faced in using GI as a policy tool in DCs & LDCs? • Conclusion
What is GI? is an indication that identifies a good as originating in the territory of a country; or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin (Article 22 (1) of the TRIPS agreement)
Protection & use of GI • GI may be protected through a suigenris law, trademark law, unfair competition law etc. • Requirement for GI to be protected or used in home country for it to be protected in a foreign country. • Protected GI confers a collective right: ØAny producer of a certain product in a certain territory has the right to use GI Ø User is required to meet set quality requirements and standards
Protection and use of GI • Use of GI can not be licensed to any person outside the given territory • Unauthorized persons may not use GIs if such use is likely to mislead the public as to the true origin of the product. No such a requirement for wines and spirits •
Public Policy objectives of DCs & LDCs • Reduction of poverty & improvement of living standards Ø maintaining and expanding employment opportunity Ø improving income of producers, local communities etc. • Promoting export and strengthening competitive position Ø improve market access & position through differentiation & value addition Ø Ensuring ownership of assets, prevention of misuse and misappropriation Ø Enhance quality of products & facilitate traceability etc. ,
Public Policy development objectives of DCs & LDCs • Preserving and promoting the use of TK • Conservation and sustainable use of biodiversity etc. ,
What is the role of GI in meeting the policy objectives? • Distinguish a product from similar products • Capture and further build good will and reputation, Prevent unauthorized persons, damage and loss of good will • Facilitate collective use, marketing and promotion of the product and the geographical origin • Ensure the quality of a product and facilitate traceability
What is the role of GI in meeting the policy objectives? • Facilitates understanding of consumers and association of the geographical origin and the product • • Increases marketability and commercial value of a product there by enhancing earnings of small producers & local community Facilitates rural development by preventing migration, improving image • provides incentive to preserve, use and develop traditional knowledge and protect biodiversity etc. ,
Best practices and success stories • There are best practices and successful stories in Asia, Latin America and Africa • Limited to two stories in Africa Ø Moroccan Argan Oil ØEthiopian Fine Coffee
Argan oil Morrocco • Argan oil produced from the kerneles of the fruit of Argan tree • Product has reputation & good will in the international market • Challenges include misuse, consistency in quality and lack of incentive to maintain & develop AT
Argan oil Morrocco • Identification of qualities, product specification, organization of producers • Registration of GI • Improvement in earning, quality of the product and maintenance of the tree
Ethiopian Fine Coffee Trade marking & Licensing initiative • Ethiopia produces some of the finest coffee in the world but gained very little. • Inadequate return and fluctuation of price had adverse impact • Problem of misappropriation
Ethiopian Fine Coffee • Implemented an IP and branding strategy • Secured ownership of coffee designations & strengthened partnership • Change in marketing position • Improved income and living standard etc. ,
Challenges in using GI in DCs & LDCs • Lack of awareness of the significance of GI, need for protection, management & promotion • Inadequate capacity to identify distinctive characteristics of products, understand supply & value chains, develop and implement IP /GI strategy • Lack of or inadequate resource in protecting, managing and promoting GIs- Cost involved in the protection, management, promotion of GI • Lack of capacity to monitor infringement and enforce IPR etc. ;
conclusion • DCs and LDCs have huge potential in using GI and meeting socio-economic development policy objectives and goals • Need to address various challenges, learn from best practices in developing and implementing IP/ GI strategies
Thank you very much for your attention!!
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