The legal construction of geographical indications in Africa

Adebola, Titilayo

doi:10.1111/jwip.12255

Cited by 6 publications

(3 citation statements)

References 7 publications

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“…International provisions regulate the importance of protecting GIs, as a concept of legal protection for goods and services originating from certain areas (Adebola, 2022). Motivation for seeking international protection can also be influenced by geopolitical considerations.…”

Section: Economic and Marketing Reasoning Behindmentioning

confidence: 99%

Market Access for Local Geographical Indications and Marketing Gi Products: The Metro Example

Aslan

2024

Industrial Policy

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This paper explores how the trend towards locality, transparency and geographically indicated products in the food industry reflects a shift towards conscious consumerism and how it transforms food marketing industry. There has been a paradigm shift in consumer preferences, with a growing emphasis on obtaining information about the quality, origin, and production methods of food. There is mounting pressure on food companies to provide information about their products. Studying the industrialization of geographical indications requires an exploration of how this phenomenon impacts local economies, traditional production methods, and the overall sustainability of the products in question.

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Section: Economic and Marketing Reasoning Behindmentioning

confidence: 99%

Market Access for Local Geographical Indications and Marketing Gi Products: The Metro Example

Aslan

2024

Industrial Policy

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“…The main part of this international provision tries to offer the concept of legal protection for goods and/or services based on place or area of origin. 30 Conceptually GI comes from the French Appellation of Origin (AOO) regime, which tries to initiate a maximum level of protection for GI violations. Most European countries like the idea because the TRIPS Agreement only considers minimum standards of protection.…”

Section: Measures Of Geographical Indication Protection That Need To ...mentioning

confidence: 99%

3 Langkah Perlindungan Indikasi Geografis Sebagai Bagian Dari Kekayaan Intelektual Komunal Melalui Perluasan Konsep Defensive Dan Positive Protection

Simatupang¹

2023

j. penelit. huk. dejure

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The concept of defensive and positive law on Communal Intellectual Property in its development is not sufficient to provide protection for developing countries, including Indonesia, which contain a wealth of living and non-living natural resources. The wealth of these natural resources is often claimed by a foreign nation, either in the form of patents or brands that are economically profitable, without mentioning the source and origin of the discovery. One of them is the claim of a foreign brand which is indicated as geographically originating from Indonesia. This research aimed to offer an idea of the expansion of the protection concept and measures that need to be taken by the government to protect Indonesian Geographical Indications. The method applied in this research was a study of literature sourced from national and international journals through the use of internet media. The results of the study concluded that, First, the defensive and positive legal protection concept that has been known so far requires expansion by adding the protection concept economically in the manner of streamlining a clear management framework from the Regional Government. The said framework must be carried out from upstream to downstream, by ensuring that in the end, the registration of Geographical Indication must be able to prosper the community. Second, the protection of Geographical Indication must be carried out utilizing: Accelerating the collection of data on Geographical Indication nationally, Guiding and supervising the Regional Government to develop local products that have the potential for Geographical Indication, and Establishing special laws.

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“…Examples include Champagne from France for sparkling wine made in the Champagne region, Darjeeling tea from India grown in the Darjeeling district, and Scotch Whisky from Scotland made in Scotland. There are many other such products across the world (Adebola, 2022).…”

Section: A Introductionmentioning

confidence: 99%

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Gultom¹,

Wartini²

2023

JJR

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Geographical indication (“G.I”) is a designation that indicates the unique and original qualities of a product originating from a particular geographical location. The human factor (Indigenous people) plays a big role in the creation of a geographical indication, in addition to environmental and geographical factors. Preserving the intellectual property rights of Indigenous People through G.I will result in a more advantageous impact on their community, especially for those who rely on G.I products for their livelihood. This not only safeguards their cultural identity and dignity but also enables them to benefit from the commercial value of their intellectual property, whether through direct sales or licensing agreement. Indonesia have ratified the International regulation and issued Law No. 20 of 2016 concerning Trademark and Geographical Indications. The purpose of this research is to evaluate and examine the current status of geographical indication protection in Indonesia and assess if it is being implemented in line with the expectations set forth in the relevant legislation based on the supportive data and previous cases. The paper will then illustrate the impact and advantages for Indigenous communities in preserving and registering their geographical indications, using examples of successful geographical indication registrations from around the world. The type of research method is normative while the approaches employed are statutory and conceptual approaches with an analytical and descriptive research design. Based on the research conducted, the legal framework for protecting G.I has been sufficiently established but the government has not fully prioritized based on the data presented and cases documented. This paper will present several recommendations for the government and other relevant stakeholders.

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The legal construction of geographical indications in Africa

Cited by 6 publications

References 7 publications

Market Access for Local Geographical Indications and Marketing Gi Products: The Metro Example

Market Access for Local Geographical Indications and Marketing Gi Products: The Metro Example

3 Langkah Perlindungan Indikasi Geografis Sebagai Bagian Dari Kekayaan Intelektual Komunal Melalui Perluasan Konsep Defensive Dan Positive Protection

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

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