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

By Cerkia Bramley, Estelle Bienabe, Johann Kirsten

This booklet contributes to the literature on Geographical symptoms (GIs) by way of supplying key theoretical reflections from a five-year overview strategy at the capability of GIs for agri-food items in Southern Africa. The members examine assorted GI tactics and dynamics which function on the neighborhood, nationwide and foreign degrees, therefore enriching the certainty of GI dynamics and of the diversity of coverage innovations to be had for GI safeguard in Southern international locations. 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 boosting sustainable rural improvement and industry entry particularly. this gives the constitution for the chapters that construct at the varied studies of Southern African industries that experience launched into GI techniques. The e-book contains chapters on designing a suitable felony framework and governance approach 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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53 In terms of the Nice Classification system class 29 covers the following goods: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats. 2 Considerations in Designing an Appropriate Legal Framework for GIs… 39 CERTIFIED KAROO meat of origin (Windmill device colour label) CERTIFIED KAROO meat of origin & (Windmill device black and white label) CERTIFIED KAROO meat of origin & (Windmill device) (stamp) CERTIFIED KAROO meat of origin & (Windmill device) (meat stamp) Fig.

Bramley et al. South African legal framework and secondly to derive lessons for the design of an appropriate institutional framework for GI protection in other Southern countries. The discussion is enriched with insights from the Indian experience of GI protection. Contrasting it with a sui generis approach such as that of India reflects more fully the dynamics associated with a trade mark approach as applied in South Africa. The Indian case is particularly interesting as South Africa and India share a common law heritage and are both emerging economies within the BRICS52 grouping.

Trade mark law provides no such requirements so that where certification marks are used to certify origin, there is no legal requirement, beyond the prohibition on not misleading consumers attached to when a product may be considered as having a certain origin (Evans 2010). This is solely determined by the rules of use or standards against which certification takes place, the content of which is in the sole discretion of the certification mark owner. The level of local value addition built into the GI definition thus depends strongly on how the GI specificity is drafted in the rules of use as elaborated by the certification mark owner (Gandjee 2012).

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