Presentation hold by Bernard O’Connor, from O'Connor European Lawyers, at the Brussels Briefing ‘Geography of food: reconnecting with origin in the food system’, organized by CTA on 15th May 2013. More on: http://brusselsbriefings.net/

1. Brussels Briefing n. 31
Geography of food: reconnecting with origin in the food
system
15th
May 2013
http://brusselsbriefings.net
GIs and other instruments for protecting producers’
assets in the origin and tradition of their products:
factors of success in ACP countries
Bernard O’Connor, O’Connor European Lawyers

2. ACP - Brussels Policy Briefing no.31
GIs and other tools for protecting the origin
and tradition of products:
Factors of success in ACP countries
Bernard O’Connor

3. GIs and other instruments
for protecting producers’
assets in the origin and
tradition of their products
Factors of Success
in ACP Countries

4. ContentsContents
 Legal options for
protecting the origin and
tradition of the products
 Traditional knowledge
 Trademarks
 GIs
 Examples of origin quality
products
 State of play of protection
in ACP countries

5. Legal options availableLegal options available
Traditional knowledge
Trademarks
Collective marks
Certification marks
Geographical indications
Public labels
Independent labels

6. Traditional knowledgeTraditional knowledge
Knowledge, innovations and practices of indigenous peoples and
local communities concerning plants, animals, minerals, soils,
combinations of organic and inorganic matters, processes and
technologies, means of enhancing individual health, culture
Traditional knowledge is not written and takes the form of
stories, songs, folklore, cultural values, beliefs, rituals, community
law, culinary recipes and agricultural practices
First explicit reference to traditional knowledge in the
Convention on Biological Diversity (1992)
A positive example of protection: the Hoodia Cactus case
Sui generis protection of traditional knowledge in Panama

7. TrademarksTrademarks
 Article 15.1 WTO TRIPS defines a trademark as ‘any
sign, or any combination of signs, capable of distinguishing
the goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark.’
 To qualify for trademark protection, a sign must be
distinctive and non-deceptive for consumers
 Protection ensured thought registration
 Under certain conditions, a geographical name can be
registered as a trademark, i.e. if the trademark has
acquired a ‘secondary meaning’ (Schwartauer in
Germany), or when the mark has acquired a fanciful
meaning (Mont Blanc for pens)

8. Collective marks and certification marksCollective marks and certification marks
Collective marks are signs which distinguish the
geographical origin, material, mode of manufacture or other
common characteristics of goods or services of different
enterprises using the collective mark. The owner may be
either an association of which those enterprises are
members or any other entity, including a public institution
or a cooperative
Certification marks are given for compliance with defined
standards, but are not confined to any membership. They
be used by anyone who can certify that the products
involved meet certain standards defined by the owner of
the certification mark

9. Scope of protection…Scope of protection…
Trademarks, collective marks and certification marks
ensure the protection of geographical names based on
private initiative
Generally, third parties are not prevented from using the
registered geographical name in a translated version, or
from using the same name with a delocalising expression
(like ‘style’, ‘kind’, ‘type’)
Important financial resources are required, mainly because
of registration fees. As a private mechanism, the costs of
enforcement thought trademarks, as well as costs linked to
the trial or to the monitoring of compliance with defined
standards, are covered by the owners

10. ..and a positive example..and a positive example
 Jamaican Blue Mountain Coffee is a classification of
coffee grown in the Blue Mountains of Jamaica. Jamaican
Blue Mountain Coffee is a globally protected
certification mark, meaning only coffee certified by the
Coffee Industry Board of Jamaica can be labeled as such.
 The Coffee Industry Regulations Act allows for five
classifications depending on factors such as size,
appearance, and defects allowed
 Over the last several decades, this coffee has developed
a reputation that has made it one of the most expensive
and sought-after coffees in the world. 80% of all
Jamaican Blue Mountain Coffee is exported to Japan

11. GIs in a nutshellGIs in a nutshell
Article 22.1 WTO TRIPS defines GIs as ‘Indications that
identify a good as originating in the territory of a Party or a
region or locality in that territory, where a given quality,
reputation or other characteristic of the good is essentially
attributable to its geographical origin.’
Quality
Characteristics
Reputation
Geographical area
Production specification

12. Benefits of GIs in ACP countriesBenefits of GIs in ACP countries
Enhancement of resources: export of GI products,
reputation and traditional knowledge, increase of
production and of the local jobs
Public authorities interest: consumers interest, public
control
Social data: rural depopulation, social networks and
collaboration
Environment: protection of soils against erosion and
desertification, biological diversity
Under sui generis law, solid protection against direct
commercial use, including in case of delocalising
expressions, imitation and evocation

13. Concrete aspects of establishing GI protectionConcrete aspects of establishing GI protection
Identifying links between the product and its geographical
area of origin
Adopting a collective approach
Ensuring quality and satisfy consumers’ expectations
Coherent policy, effective legal protection and proactive
marketing strategy
Certification bodies and control procedures (and bearing
the costs)

14. Examples of origin quality productsExamples of origin quality products
 Zanzibar cloves (clous de girofles), Konyagi and
Kilimanjaro coffee, Rift Valley Coffee from Tanzania;

15. Examples of origin quality productsExamples of origin quality products
 Sidamo coffee from Ethiopia,

16. Examples of origin quality productsExamples of origin quality products
 Rooibos tea and Karoo lamb from South Africa,

17. Examples of origin quality productsExamples of origin quality products
 Beurre de karité du plateau massif from Burkina Faso,

18. Examples of origin quality productsExamples of origin quality products
 Miel blanc d’Oku and Poivre blanc de Penja from
Cameroon.

19. Examples of origin quality productsExamples of origin quality products
 Shama shea butter and Fine Flavour Cocoa from Ghana,

20. Examples of origin quality productsExamples of origin quality products
 Rwanda Mountain Coffee,
 Pineapples and
 Café Diama from Guinea,

21. Examples of origin quality productsExamples of origin quality products
 Rodrigues Lime, while chilis and pickles from Mauritius,
 Karakoel pelt from Namibia, Senegal Yett, West Nile
District cotton, Waragi & West Nile Honey from Uganda.

22. examples of origin quality productsexamples of origin quality products
 Products of Kenya: Mount Kenya Roses and Ngoro
Ngoro Mountain Coffee, Mt. Kenya coffee, Gathuthi tea,
Kisii tea, Kericho tea, Mombasa mango, Machakos mango,
Asembo mango, Muranga bananas and Kisii bananas, Molo
lamb, Kitengela ostrich meat, Omena fish and Mursik milk,
Naivasha wine, Kakamega Papaya, Kakamega omukombera,
Tilapia fish from Lake Victoria and Tilapia fish from Lake
Turkana.
 Handicrafts would include Kisii soapstone, Akamba
carvings, Maasai attire and beads.

23. Examples of origin quality productsExamples of origin quality products
 Gabon sweet potato (which is five times sweeter than
the normal potato and has one of the highest sucrose
content)

24. Examples of origin quality productsExamples of origin quality products
 High-grade cotton from Chad;
 Kivu and Ituri for coffee from Congo;
 Zimbabwe tobacco and Chipinga coffee;

25. Examples of origin quality productsExamples of origin quality products
 Korhogo fabrics from Corte D’Ivoire;
 The Mananara vanilla from Madagascar and many
others…

26. State of play in ACP countriesState of play in ACP countries
There are ACP countries where GIs are recognised as a
separated type of intellectual property and sui generis protection
of GIs is in place, i.e. Algeria, Barbados, Burkina Faso, Colombia,
Cuba, El Salvador, Guatemala, Guinea, Ivory Cost, Jamaica,
Morocco, Panama, Senegal, St Lucia
There are ACP countries that not have specific laws for the
protection of GIs but protect them as certification marks,
collective trademarks or just ordinary trademarks, i.e. a big part of
Africa
There are then many countries which do not have registered or
protected GIs. Therefore, there is a large number of GIs which
are not protected in the countries of origin, but are recognised by
the general public as indicators of quality traditional goods
produced in specified geographical places

27. Factors of successFactors of success
Establishing a sui generis protection of GIs ensuring a
strong IPR protection
Establishing control and certification systems managed by
independent authorities (i.e. the Darjeeling Tea Association)
Producers' group proactivity about marketing strategy and
production (i.e. Café de Colombia and Arrowroot from
Saint Vincent and Grenadine)
Strong commitment amongst producers (Argan oil)

28. Thanks!
bernard.oconnor@nctm.it

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