Extending the Protection of Geographical Indications: Case by Michael Blakeney, Thierry Coulet, Getachew Alemu Mengistie,

By Michael Blakeney, Thierry Coulet, Getachew Alemu Mengistie, Marcelin Tonye Mahop

The journeys contract (for trade-related highbrow estate rights) offers for the final defense of geographical symptoms (GIs) of product beginning, together with for instance the exact defense of wines and spirits and for the construction of a multilateral sign in for wines. The African staff of nations has been within the leading edge of nations agitating on this planet alternate association journeys Council for the extension of this distinctive safeguard and of the multilateral sign up to industries that are of curiosity to constructing nations, basically agriculture. The so-called "extension query" is the important function of the Doha improvement schedule at either the WTO and international highbrow estate association. This publication offers a few empirical proof and utilized felony and monetary reasoning to this debate. It presents either a basic evaluate of the major matters and a chain of case experiences from six Anglophone and 4 Francophone nations in Africa. those specialise in significant agricultural commodities equivalent to espresso, cotton, cocoa and tea, in addition to extra particular and native items corresponding to Argan oil and Oku white honey.

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1, 5 September 2003. 59 See WTO Doc ‘Geographical Indications Communication from the European Communities’, TN/IP/W/11, 14 June 2005. 60 IP/C/M/29, para 103, 6 March 2001. 61 Ibid. 3(b) of the TRIPs Agreement, and the relationship between the TRIPs Agreement and the Convention on Biological Diversity and the protection of traditional knowledge and folklore, WTO Doc IP/C/W/383. 63 WIPO Doc WIPO/GRTKF/IC/8/11, 17 May 2005. 64 WIPO Doc WIPO/GRTKF/IC/17/10, 8 December 2010. , Annex: 6. 66 WIPO/GRTKF/IC/17/10.

Consumer costs Similarly, the Joint Communication identifies ‘the cost of the consumer confusion caused by the disappearance of terms customarily used to identify products’ which ‘will increase search and transaction costs for consumers, at least in the short to medium term, and potentially prices as well’ (para 25). 6 for terms that are customary in common language in the member’s country and the general obligation to eliminate misleading GIs. Increased risk of producer conflict over individual GIs The Joint Communication also stated that the process of defining GIs ‘would likely lead to disputes between producers’ particularly within a country ‘over demarcation of the region to be covered by a particular GI’ and between ‘countries (particularly those with shared borders and therefore a shared history) which produce the same good and have traditionally used a certain GI’ (paras 26 and 27).

The African Group proposed a number of amendments to this submission. It suggested that ‘inventors/users using genetic resources and/or associated traditional knowledge comply with requirements for prior informed consent and fair and equitable benefit sharing’. That patents not be granted where these requirements are not met and that ‘the patent system must provide for a mandatory disclosure requirement ensuring that the IP Offices becomes a key checkpoint for disclosure and monitoring the utilization of genetic resources and/or associated TK (in line with Article 13 of the CBD Nagoya Protocol)’.

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