Developing Geographical Indications in the South: The by Cerkia Bramley, Estelle Bienabe, Johann Kirsten

By Cerkia Bramley, Estelle Bienabe, Johann Kirsten

This e-book contributes to the literature on Geographical symptoms (GIs) by means of supplying key theoretical reflections from a five-year overview procedure at the capability of GIs for agri-food items in Southern Africa. The participants contemplate varied GI techniques and dynamics which function on the neighborhood, nationwide and overseas degrees, hence enriching the certainty of GI dynamics and of the range of coverage suggestions on hand for GI security in Southern international locations. Following a dialogue of the felony framework and governance of nationwide GI schemes in Southern nations, the publication emphasizes the most dimensions underlying the improvement of GIs and their capability for boosting sustainable rural improvement and marketplace entry specifically. this offers the constitution for the chapters that construct at the varied stories of Southern African industries that experience launched into GI techniques. The publication comprises chapters on designing a suitable criminal framework and governance process for the improvement of GIs in Southern countries.

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Extra resources for Developing Geographical Indications in the South: The Southern African Experience

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A certification mark can consist of word(s) only, a figurative depiction (logo) or a combination of words and logo. 23 These standards need not have been developed by the applicant and it is possible to incorporate by reference independently developed standards, for example standards developed by public agencies. Notably, no examination is made to determine whether the standards are discriminatory (WIPO 2009). 24 The United States recognises two categories of collective marks, namely (1) collective trademarks or collective service marks and (2) collective membership marks (WIPO 2009).

This potentially reduces the consumer information function associated with GIs. In contrast, sui generis GI systems signal information on a product’s origin and quality/reputation through a public standard which is transparent and generally broadly understood by consumers (Evans 2010). 3 Ensuring Local Value Addition The undefined understanding of “certified origin” under trade mark law raises an important economic consideration. Sui generis systems explicitly define the required strength of the link between the GI product and its origin by setting requirements on 29 Section 25 of the Trade Marks Act RSC 1985.

Public oversight and collective participation in how the GI is defined and who its legitimate users are, should therefore be a key feature of systems for GI protection aimed at fostering development. For Southern countries pursuing a GI strategy in order to unleash sustainable development processes, the collective nature and public dimensions of GIs form a key consideration in the design of an institutional framework that will ensure that the public good dimension remains accessible to those entitled to claim the right to use it whilst simultaneously excluding non-legitimate use of the collective reputation.

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