Presented at the Second WIPO Inter-Regional Meeting on South-South Cooperation on
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Transcript of Presented at the Second WIPO Inter-Regional Meeting on South-South Cooperation on
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!!