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 on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement Cairo, Egypt, May By Getachew 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 addition  Ensuring 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 Oil  Ethiopian 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!!