managing geographical indications: role of producers ... · by producers and relevant stakeholders...
TRANSCRIPT
![Page 1: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/1.jpg)
MANAGING GEOGRAPHICAL INDICATIONS:
ROLE OF PRODUCERS & OTHER PARTIES
IN AFRICA
By
Getachew Mengistie, Intellectual Property Consultant and Attorney
Presented at
World Wide Symposium on Geographical Indications
28 March 2013, Bangkok, Thailand
![Page 2: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/2.jpg)
INTRODUCTION
�GI a useful marketing tool used by producers in a
number of countries
�Potential in using GI in Africa but little is done
�Distinctive products that have link to geographical
origins
� Products and unique characteristics known at the
international market and fetch a higher price
� Little benefit
� Cases of misuse and misappropriation of GI
�Recent encouraging developments
![Page 3: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/3.jpg)
ENCOURAGING DEVELOPMENTS
� Increasing awareness of GI
� Countries/ producers have embarked on or are in
the process of protecting and managing GI.
Examples include:
� Ethiopian fine coffee
� Kenyan tea
� Uganda vanilla
� Zanzibar clove
� Ongoing initiatives include Uganda cotton,
Tanzania Arabica coffee and OAPI program
![Page 4: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/4.jpg)
ETHIOPIAN FINE COFFEE
• Ethiopia produces some
of the finest coffee in the
world that are well
recognized and demanded
at the international coffee
market
• Developed and
implemented an IPS
involving stakeholders
• Quality control &
traceability mechanisms
![Page 5: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/5.jpg)
KENYAN TEA
� Kenya produces some of the finest
tea that commands a demand at the
international market
� Demand relates to distinctive
characteristics that are linked to
geographical origin
� No or inadequate recognition
� KTB developed a mark, secured CM
and defined requirements and
standards
� Eligible users include tea producers
![Page 6: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/6.jpg)
UGANDAN VANILLA
� Distinctive characteristics of
the Product linked to
geographical origin
� No or inadequate recognition,
little benefit
� IPS including rules and
requirements developed
involving producers and other
stakeholders
� Application filed for
protection of the geographical
origin
� Ownership and use of GI
� Management of GI
![Page 7: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/7.jpg)
ZANZIBAR CLOVES
� Major export earner
� Means of livelihood of
people
� Has unique characteristics
and demand
� Distinctive characteristics
linked to the geographical
origin of the product
� Framework Proposals
developed & Accepted
� Follow up measures taken
![Page 8: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/8.jpg)
ROLE OF PRODUCERS & OTHER
PARTIES IN DEVELOPMENT OF IPS,
MANAGEMENT & PROMOTION OF GI
� Identification of distinctive characteristics of
the product, determination of the link with
geographical origin and demarcation of
territory
�Choice of appropriate IP tools
�Determination of countries where protection
will be sought for
�Development of rules and standards
�Filing of application
�Overcoming challenges such as opposition
![Page 9: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/9.jpg)
ROLE OF PRODUCERS , PAS & OTHER
PARTIES IN DEVELOPMENT OF IPS,
MANAGEMENT & PROMOTION OF GI
�Maintenance of Title
�Definition of eligible users including rights
and obligations
�Monitoring compliance/ensuring product
conformity
�Maintain and enhance quality/Quality
control and inspection at different levels
�Promotion of GI and product
�Monitoring infringement and taking
enforcement actions
![Page 10: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/10.jpg)
CHALLENGES IN PROTECTING ,
MANAGING & PROMOTING GI
� Lack of awareness of the significance of GI, need for protection, management & promotion
� Lack of or inadequate knowledge of legal regimes
by producers and relevant stakeholders
� Inadequate capacity to identify distinctive
characteristics of products, understand supply & value chains, develop and implement IP /GI
strategy
� Lack of organization of producers, weak or non
inclusive organizations
![Page 11: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/11.jpg)
CHALLENGES IN USING RELEVANT IP
TOOLS IN PROTECTING , MANAGING &
PROMOTING GI
�Difficulty in bringing together and unifying
diverse stake holders
�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
�Expectations that GI will bring change soon
![Page 12: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/12.jpg)
CONCLUSION
� Huge potential to use, protect and manage GI but…
� Role of producers critical but not organized/weak
organizations
� Need to :
� Create and strengthen awareness
� Organize and strengthen producers Associations
� Build producers capacity in managing and promoting GI
� strengthen national legal framework & link it with Int.IPS
� Need for government, International organizations &
development partners support
![Page 13: MANAGING GEOGRAPHICAL INDICATIONS: ROLE OF PRODUCERS ... · by producers and relevant stakeholders Inadequate capacity to identify distinctive characteristics of products, understand](https://reader034.vdocuments.us/reader034/viewer/2022052007/601b352c0dde205811107e10/html5/thumbnails/13.jpg)
Thank you very much
for your attention!!