Global IP Matrix - Issue 5

GEOGRAPHICAL
INDICATIONS:
THE AFRICAN EXPERIENCE-part 1
Written by Mr. Afamefuna Francis Nwokedi, Principal Counsel,
Still Waters Law Firm - www.stillwaterslaw.com
Africa as a continent though
diverse in many ways has a thread
of commonality in its tradition,
culture, developmental phase,
and economic aspirations. This
commonality is highlighted in the
significant overlap of kith and kin
across borders. Over the years,
various attempts have been made
to integrate the economic activities
of the various African states
through bilateral and regional
agreements. Most recently, under
the auspices of the African Union,
over 54 member states signed up to
the African Continental Free Trade
Area (AFCFTA) agreement as “an
instrument to accelerate intra-
African trade and boost Africa’s
trading position in the global
market by strengthening Africa’s
common voice and policy space in
global trade negotiations”. 1
In preparation for the full launch of the
AFCFTA the African Union, under its
AUC’s Department of Rural Economy and
Agriculture (DREA) preempted expectations
by setting up a technical workshop for the
validation of the draft Geographic Indications
Policy Framework in Africa. Ongoing
discussions are still being held in this regard.
Bearing in mind the existence of a couple
of unified Intellectual Property (IP) Offices
in the form of OAPI and ARIPO, it is not
far-fetched to imagine the establishment of a
unified African IP Office similar to EUIPO in
the not too distant future.
How do we define GI?
Geographical indication (GI) is an arm of the
IP regime that has deep proprietary essence in
the African continent. Africa is replete with a
geographical heritage that is inherently brandfriendly.
For instance, I can imagine Sparkling
water produced in Australia under the name
of “Kalambo Water”; Kalambo being a 772-
foot single-drop waterfall hedged between
Tanzania and Zambia.
The World Intellectual Property
Organisation simply defines
“Geographical Indication” as:
“a sign used on products that have a specific
geographical origin and possess qualities or a
reputation that are due to that origin.”
It proceeds to explain the
characteristics of GI as:
“To function as a GI, a sign must identify a
product as originating in a given place. Also,
the qualities, characteristics, or reputation of
the product should be essentially due to the
place of origin. Since the qualities depend on
the geographical place of production, there is a
clear link between the product and its original
place of production”.
A Geographical Indication can encompass
information on the origin of the goods or
service (the indication of source) and a subset
of special qualities (more often referred to as
appellations of origin). Products protected by
means of Geographical Indications must have
qualities linked to the territory from which
they are produced or originate. The character
and attribute of the quality varies according
to the natural and cultural history of the
resources and their transformation processes,
as well as to the legal framework in which the
GI develops. 2
www.gipmatrix.com
Geographical Indication protection involves
recognising a collective exclusive right to the
use of a geographical name or sign on goods
and perhaps services. The Geographical
Indication product represents a public
good because its intrinsic characteristics
have patrimonial values that belong to no
one in particular but to all with the specific
environment in general.
Geographical Indications are usually
geographical names, but they can also be
composed of symbols and icons as long
as they convey geographical information,
the Eiffel Tower in Paris illustrates an ideal
example in this regard.
Legally, the options for Geographical
Indication protection include defense against
unfair competition (e.g., through litigation)
and positive protection through registration
under various forms (e.g., designations or
appellations of origin, protected geographical
indications or certification trademarks). 3
The nature of
Geographical Indications
Geographical Indication protection schemes
require a description of the product that
proves its link to a territory, and the
existence of a governing body that oversees
compliance with the description. Appellation
of origin (AO) is the oldest type of registered
Geographical Indication, and it guarantees
a closer link between quality, reputation,
territory, resources, and culture. The quality
conveyed by Geographical Indications to the
consumer is defined by the meaning of the
protected name, the legal figure used, and the
product description with which it complies.
Geographical Indications are intended to
designate product quality, highlight brand
identity, and preserve cultural traditions.
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