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 onPatents, Trademarks, Geographical Indications, Industrial Designs

and Enforcement Cairo, Egypt, May 7 2013

ByGetachew 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:Any producer of a certain product in a certain

territory has the right to use GI 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 maintaining and expanding employment opportunity improving income of producers, local communities etc.

• Promoting export and strengthening competitive position improve market access & position through

differentiation & value additionEnsuring ownership of assets, prevention of misuse and

misappropriation 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 Moroccan Argan OilEthiopian 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!!