Geographical Indications & Traditional Knowledge: The Experience of Ethiopia

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