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A study case on coffee (Coffea arabica): Limu Coffe - IRD

A study case on coffee (Coffea arabica): Limu Coffe - IRD

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een difficult. Indeed, certificati<strong>on</strong> would require that the government oversee producers and<br />

distributors to guarantee that the <strong>coffee</strong> sold bel<strong>on</strong>g to a particular style or regi<strong>on</strong>. If it were<br />

possible to oversee the producers, it would require an <strong>on</strong>erous surcharge <strong>on</strong> farmers who are<br />

already often living below subsistence level.<br />

Unlike a geographical indicati<strong>on</strong> registered as a certificati<strong>on</strong> mark, a trademark<br />

doesn’t operate as a badge of geographical origin. It serves as an indicator of commercial<br />

origin to communicate a c<strong>on</strong>necti<strong>on</strong> between a product and a retailer. Here the retailer is a<br />

country: Ethiopia. Moreover, trademark is an indicati<strong>on</strong> of geographical origin in the<br />

Ethiopian <str<strong>on</strong>g>case</str<strong>on</strong>g> through Sidamo name. Registered as a trademark, there is no need for<br />

SIDAMO to be produced in Sidamo regi<strong>on</strong> or have a particular quality in c<strong>on</strong>necti<strong>on</strong> with the<br />

locati<strong>on</strong> Therefore, the government may produce greater quantities of <strong>coffee</strong> using the<br />

trademark SIDAMO as the <strong>coffee</strong> may be sourced from all over Ethiopia and need not to have<br />

a characteristic or quality that is specific to the Sidamo regi<strong>on</strong>. Trademark registrati<strong>on</strong> thus<br />

allows the government to earn increased revenue by exporting more goods, enabling prices to<br />

be raised and farmers to benefit.<br />

Usually, the purpose of a trademark license agreement is to provide traders with<br />

permissi<strong>on</strong> to use a trademark in relati<strong>on</strong> to specific goods in exchange for payments of a<br />

license fee. Rather than provide traders with permissi<strong>on</strong> to use the name SIDAMO by<br />

charging a license fee, the Ethiopian trademark license agreement compels traders, free of<br />

charge, to use SIDAMO <strong>on</strong> any product that c<strong>on</strong>sists 100% of Sidamo <strong>coffee</strong>. This form of<br />

trademark license agreement is unusual. In order to attract major <strong>coffee</strong> retailers as licensees,<br />

the agreement is royalty-free. In this way, the SIDAMO mark allowed <strong>on</strong> the label or<br />

packaging of all <strong>coffee</strong> made from Sidamo beans will increase Ethiopian <strong>coffee</strong> visibility in<br />

the market so that the export premium for the product could be increased. Licensees will pay<br />

by promoting Ethiopian <strong>coffee</strong>s.<br />

The World Trade Organizati<strong>on</strong>, Starbucks Company and Specialty <strong>Coffe</strong>e Associati<strong>on</strong><br />

of America points of view were that Ethiopian government should set up a nati<strong>on</strong>al system of<br />

certificati<strong>on</strong> marks to enable Ethiopia to protect its <strong>coffee</strong>s as geographical indicati<strong>on</strong>s. EIPO<br />

Director General answer was: “Trademark registrati<strong>on</strong> c<strong>on</strong>fers rights that go bey<strong>on</strong>d the<br />

scope of rights associated with certificati<strong>on</strong> marks. With all due respect, it is for Ethiopia to<br />

determine which form or ownership, trademark or certificati<strong>on</strong> mark, it wishes to pursue.”<br />

132

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