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

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Ownership of names is the same strategy corporations like Starbucks, McDonald’s and Disney used to build their brands and capture a fair return for the use of their name. Moreover, the difference between trademarks and GIs emerges from the different legal traditions that are used. Thus, in some countries, the obligation under the TRIPS Agreement is implemented through trademark law as in the United States (common law tradition) whereas other countries have implemented these obligations through a sui generis legislation for GIs as the European countries (Roman law). And, due to the Ethiopian coffee most important consuming countries apply a trademark law, it might influence the Ethiopian choice. The Ethiopian government is currently working with a stakeholder group, which includes coffee cooperatives, to decide how to manage ownership and the distribution of benefits associated with trademarks. This Trademark Licensing Project lead by the EIPO was also applied to Harar and Yirgacheffe coffees, and was planned to be enlarged welcoming Limu and Lekempti coffees in 2009. But this process slowed down, getting reported to 2010, because of financial issues (lawyers, cabinets, etc.) and of difficulties currently met by Sidamo coffee which license is yet not filled by Japan and Brazil (EIPO officer, 16 th September 2009). Clearly, once Limu coffee will be registered as a trademark, its registration as a pure geographical indication will be impossible; but combinations remain possible and, in this <strong>case</strong>, trade marking already acts as an indication of geographical origin. In 2007, the EIPO Director General expressed the need to use other IP tools to cater for protection of trademarks and especially explored the use of GI as one of these tools. 7.3) Assessment of Limu coffee as a GI candidate Among other arguments, the EIPO Director General exposed the following advantages and disadvantages of GIs for protecting Ethiopian coffees trademarks during the same 2007 seminar in China: 133
“Merits are that GIs allow collective ownership and use, help protecting quality and reputation of products developed by generations through years, can be maintained indefinitely, provide flexibility for innovation and improvement within traditional context, allow meaningful participation of local communities, help developing and consolidating niche markets, and can be used to localize control. Whereas demerits are that GIs protection does not prevent selling of similar products, extend to services, methods and process (limit to products and their indication), requires institutional infrastructure (association of producers, administrative and quality control, enforcement and control of misuse), requires strong promotion and marketing, and that international protection requires prior protection in the country of origin.”(28 th June 2007) 7.3.1) Constraints to a GI implementation in Limu Excludability and rivalry Excludability reflects the possibilities of excluding an individual from enjoying the benefits of a good. A non-excludable good means that everyone can enjoy and/or access the good without payment. Rivalry relates to the distribution of benefits between consumers of the good and whether an individual’s consumption of the good rivals similar consumption by other individuals. Club goods are largely non rivalrous in consumption but excludable; thus being a local public good for those who enjoy membership of the club. Thus the specifications defining the GIs are the conditions that must be met to allow producers to use an indication (excludability) but allowing for the use of the indication by an additional producer does not involve significant additional costs (non-rivalry). In this way, GIs can be said club goods, which are public goods. GI protection is premised on the condition that the product can not be produced in a different physical/human environment. The ambiguity linking a product to a defined area, as it is for Limu coffee, is likely to exclude producers that could benefit from it, and more consequently exclude producers that formerly benefited from the name. In this way, GIs products turn rivalrous clashing the former club of producers and excluding some producers 134
Page 1 and 2:
A study ca
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Several names In the 14 th and 15 t
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eighteen improved cultivars/varieti
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Greens to sun drying Floaters to su
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1.3) Quality seen by the value chai
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Producers A thirty-seven-years-old
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Purpose Cooperative Union 14 are re
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Step 1: Collection of different cof
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Region Sidamo Limu Gimbi Harar Yirg
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- About Ethiopian Limu Wild Grown (
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Before 1996, Ethiopia was divided i
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After opposition defeated the DERG
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27 Yembaro Dhidesa Limu-2 Jima-4/5
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3.2) Limu Kosa climate and physical
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forests 25 , and man made forests a
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Botanical name 3.3.2) Vernacular na
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Eucalyptus Key bahir zaf Red river
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The kingdom of Limmu-Ennarea was a
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virgin forests of which the local i
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that they were the property of Hail
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4.1.3) Small-holder or garden coffe
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English Amharic Oromic Home garden
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300 members. The average production
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4.3) Land property rules 4.3.1) Agr
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field) committee which is a measure
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Consequently eviction was rare and
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socialist government in military di
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whereas poorer households difficult
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Kebele Average farm area 45 (ha) Av
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What do coffee plots mean in the Li
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A third remark could be the existin
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phenomenon linking friends and neig
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Coffee can also be used in other ce
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tona and baraka. In this myth, char
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I kindly request you to make sure t
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It is probable that coffee plant or
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et, groceries, dwellers), all coffe
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Akhrabies (suppliers & wholesalers)
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an Harar 4 an Harar 4, etc. but as
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Investors are new comers in the Eth
Page 83 and 84: Sebsabies Their role was to bring c
Page 85 and 86: Cooperative Unions Cooperative unio
Page 87 and 88: chief executive Eleni Guebre Madhin
Page 89 and 90: eaction of these frustrated actors
Page 91 and 92: The arrival coffee test, Addis Abeb
Page 93 and 94: Unwashed coffees Type/Name Origin S
Page 95 and 96: Cup quality value Cup cleanness (15
Page 97 and 98: The Ethiopian Commodity Exchange Au
Page 99 and 100: Then coffee for export gets commonl
Page 101 and 102: as explained me a French importer:
Page 103 and 104: Each coffee producing woreda presen
Page 105 and 106: Limu Kosa coffee production & marke
Page 107 and 108: Name of sector Kind of coffee Coope
Page 109 and 110: - Non organic substances are not al
Page 111 and 112: Limu coffee is particularly good be
Page 113 and 114: Area under coffee plantation Mature
Page 115 and 116: 6.3) A current and coming decentral
Page 117 and 118: The Ethiopia Commodity Exchange Aut
Page 119 and 120: 40 35 30 25 20 15 10 5 0 December 2
Page 121 and 122: 3000 2500 2000 1500 1000 500 0 Dece
Page 123 and 124: Farmer 2: He produced three bags in
Page 125 and 126: the not picked on time and therefor
Page 127 and 128: 7) Assessment of the product as a G
Page 129 and 130: 1. To be eligible to use a PDO or a
Page 131 and 132: 7.1.6) Differences between GIs and
Page 133: een difficult. Indeed, certificatio
Page 137 and 138: Akhrabies represent a homogeneous c
Page 139 and 140: Illustration 55: Debacon forest 3)
Page 141 and 142: “In respect of the geographical i
Page 143 and 144: The average productivity is 700 kg
Page 145 and 146: Illustrations table Table 1: Limu c
Page 147 and 148: Illustration 34: Daily labourers in
Page 149 and 150: Bibliography STELLMACHER, T., 2007:
Page 151 and 152: Annexes Home Garden Project pre <st
Page 153 and 154: Justification: The institutional co
Page 155 and 156: Commercial and economic aspects Des
Page 157 and 158: L Limu Seka coffee production & mar
Page 159 and 160: Activities 1 NURSERY OPERATION Mont
Page 161 and 162: Activities Months July Aug Sept Oct
Page 163 and 164: Proclamation no. 602/2008: A procla
Page 165 and 166: 22) “Coffee trade” means acts i
Page 167 and 168: 4) ensure, before loading coffee fo
Page 169 and 170: 1) purchase the coffee for such pur
Page 171 and 172: Sources of income 1 Coffee Chat Cof
Page 173 and 174: WHEREAS, Licensor owns all right, t
Page 175 and 176: 3. OWNERSHIP OF MARKS Licensee ackn
Page 177 and 178: 9. INDEMNIFICATION Licensee shall i
Page 179 and 180: trustees, receivers, successors or
Page 181 and 182: SCHEDULE A MARK COUNTRY APP. NO. FI
Page 183 and 184: MARK COUNTRY SIDAMO in Japanese Jap
Page 185 and 186:
SCHEDULE C All notices and other co
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Buna bet: Literally “coffee bar
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A study case on coffee (Coffea arabica): Limu Coffe - IRD

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