Geographical%20Indications%20

1
Geographical Indications Traditional
Knowledge The Experience of Ethiopia

• Outline of presentation at the International
  Symposium on Geographical Indications
• by
• Getachew Mengistie Alemu
• June 28, 2007, Bejing, China

2
I. INTRODUCTION

• 1.1 Need for protection of Tk is well recognized
• 1.2 Use of Intellectual property Rights other
  tools to cater for the need
• 1.3 purpose of presentation to
• explore the Use of GI as a tool for
  protection of TK as embodied in products
• Give an overview of the Ethiopian Coffee
  designations trademarking licensing initative
  as an example of complementing the need for use
  of other IP tools to cater for protection of TK

3
II. Defnition of concepts

• 2.1 Geographical Indications (GI)
• Recent term
• No single universally accepted definition
• Article 22 of TRIPS defines GI as
• indications which identify a good as
  originating in the territory of a Member, 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

4
II. Definition contd.

• 2.2 Traditional Knowledge
• No universally agreed defnition
• WIPO defines TK as
• tradition- based literary, artistic or
  scientific works, performances, inventions,
  scientific discoveries, designs, marks, names and
  symbols, undisclosed information, and all other
  tradition-based innovations and creations
  resulting from intellectual activity in the
  industrial, scientific, literary or artistic
  fields. Tradition-Based refers to knowledge
  systems creations, innovations and cultural
  expressions which have generally been
  transmitted from generation to generation, are
  generally regarded as pertaining to a particular
  people or its territory, and, are constantly
  evolving in response to a changing environment

5
III. Legal framework for protection GI

• 3.1 National Laws
• Trade Mark and Unfair competition laws
• Specific laws dealing with Appellation of origin
  or GI
• 3.2 regional Agreements- Ex. Bangui Agreement
• 3.2 International Agreements
• Paris Industrial Property Convention
• Madrid Agreement
• Lisbon Agreement
• TRIPS- Two levels of Protection- Article 22 and
  Article 23
• -ongoing
  debate for extension of Article 23

6
IV. Use of GI for protection of TK

• Countries Use GI as a tool for protection of TK.
  
• Examples of Countries that use GI to protect TK
  embodied in Agricultural products, foods and
  drinks, handicraft etc.
• Europe- ex.France, Italy, Portugal ,Russia
• Asia- ex. Ex-Rep.of Korea and Vietnam
• Latin America- Mexico Venezuela
• Examples of protected products from Dcs
• Cacao de Chuao for a cacao variety in Chuao,
  Venzuella
• Phu Quoc fish soya sauce and Shan Tuyet Moc Ckau
  a tea variety, vietnam
• Olinala for wooden articles made from Aloe
  tree endemic in Mexico
• Teguila for a spirit prepared from a plant called
  Agave tequilana in Mexico

7
V. Merits Demerits of GI in protecting TK

• 5.1 Merits
• Allow collective ownership use
• Help protect quality reputation of products
  developed by generations through years
• Can be maintained indefinitely
• Provide flexibility for innovation Improvement
  with in traditional context
• Allow meaningful participation of local
  communities
• Help develop consolidate nich markets
• Can be used to localize control

8
VI. Merits De merits Contd.

• 2.2 De merits
• Protection does not
• prevent selling of similar products
• Extend to services, methods and process (limited
  to products and their indication)
• Require institutional infrastructure (
  association of producers, administrative and
  quality control, enforcement Control of misuse)
• Requires strong promotion marketing
• International protection requires prior
  protection in the country of origin

9
Need for choise of appropriate IP tool-A case by
case approach

• Limitations of GI
• Need to choose appropriate form to protect TK on
  a case by case basis-the Ethiopian Coffee
  designations trade marking Licensing Initiative
• Ethiopian coffee is specialty/fine coffee
• Distinct flavor and aroma
• Can be distinguished from coffee of other
  countries
• Distinct feature attributed to hard work of
  generations of farmers
• Little benefit from the specialty coffee
• High retail price example 2004 Harar 24/lb,
  2005 Sidamo 26/lb
• Only 5 percent comes to Ethiopia
• Trend of cutting down trees and growing Khat
• Misappropration of Coffee designations

10
Objective of the Initiative

• Prevent misappropriation of cofee designations
• Improve income of small farmers
• Delink from the commodity market
• Ensure stability of income
• Starategicaly positioning in the growing
  speciality cofee market
• Create and strengthen partnership with Foreign
• Coffee importers,
• Coffee roasting and distributing companies

11
Capturing of intangible Value Protection of IP
Assets

• Comprehensive Study made
• Extensive Consultation with in and outside of
  Ethiopia
• Decision made by the Stake holders
• Trade mark coffee designations
• selection of three coffee designations and
  countries where protection is sought
• Offering of royality free license and creation of
  licensed distributors
• Establishment of joint forum

12
Achivments made Challenges encountered

• Trade marks filed in 34 countries and title
  obtained in 28 countries
• Titles granted in Canada, European Union,USA
  Japan and problems faced
• Pending applications-Australia, Brazil, China,
  India, SaudiArabia South Africa
• License agreements entered in to with 16 US
  companies
• Communications being made with a number of
  companies
• Network of licensed distirbutors Joint forum
  established
• Increase in the price of speciality coffee
  observed

13
VII. Conclusion

• GI helps to protect TK based products
• Ned to make choice of appropriate form of IPR on
  a case by case bassis
• Need to build Capacity

14
(No Transcript)