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 delivering key theoretical reflections from a five-year overview technique at the strength of GIs for agri-food items in Southern Africa. The members give some thought to various GI procedures and dynamics which function on the neighborhood, nationwide and foreign degrees, hence enriching the certainty of GI dynamics and of the diversity of coverage strategies to be had for GI safeguard in Southern nations. Following a dialogue of the felony framework and governance of nationwide GI schemes in Southern nations, the e-book emphasizes the most dimensions underlying the improvement of GIs and their strength for reinforcing sustainable rural improvement and industry entry specifically. this offers the constitution for the chapters that construct at the various stories of Southern African industries that experience launched into GI concepts. The e-book comprises chapters on designing a suitable felony framework and governance process for the improvement of GIs in Southern countries.

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Notwithstanding the legal flexibility created by TRIPS in accommodating such divergent approaches, it is worth stressing that the way in which these two approaches relate to the GI philosophy unleashes important dynamics which impact differently on the GI development process. Taking note of these dynamics is of particular importance for Southern countries contemplating the introduction or evolution of GI protection, as it raises key considerations on the design of a GI system for unleashing the benefits associated with GIs.

49 50 Act 25 of 1957. Act 60 of 1989. 2 Considerations in Designing an Appropriate Legal Framework for GIs… 37 Fig. 2 The Wine of Origin Seal In addition to the registration system for wine and spirits products, the Liquor Products Act51 provides that: No person shall use any name, word, expression, reference, particulars or indication in any manner, either by itself or in coherence with any other verbal, written, printed, illustrated or visual material, in connection with the sale of a liquor product in a manner that conveys or creates or is likely to convey or create a false or misleading impression as to the […]origin […]or place of production, of the liquor product.

EU Regulation 510/2006 in particular makes provision for once off registration so that there is no need to renew the right. 30 Notably this is not the case in India where GI registrations are renewable every 10 years. While EU Regulation 510/2006 provides that registration fees may be charged by Member states, France for example does not impose a registration fee for GI applications. 31 Sui generis GI systems are not based on internationally recognised principles such as exist for trade marks, so that producers wishing to register their GI under foreign GI systems are likely to be confronted by significantly different legal requirements in each jurisdiction.

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