EXAMINING THE ROLE OF GEOGRAPHICAL INDICATIONS IN AFRICA'S DEVELOPMENT: A CALL FOR RECONSIDERATION

Abstract

This paper argues for the protection and utilization of African agricultural geographical indications. However, geographical indications are not limited to food products and consider the state of legal protection of GIs in Africa today. This is achieved through examining the sui generis and trademark law approach from the Trade-Related Aspects of Intellectual Property Rights Agreement, the Geneva Act of the Lisbon Agreement of 1958, and the regional approaches adopted by the African Regional Intellectual Property Organization and Organisation Africaine de la Propriété Intellectuelle. As for the future of legal protection for African GIs, the solution presented in this paper is not to choose between a sui generis or trademark approach. Situations in each African country are different, as showcased in countries like South Africa and Morocco that use sui generis and trademark protection. Attention should, however, turn towards technical assistance that could be achieved from the local level to the national and continental levels. This paper discusses the current state of geographical indications, highlighting Africa’s current reception of geographical indications. It also discusses the regulatory framework applicable in African states and recommends addressing specific key emerging challenges.