Directorate of Intellectual Property Rights Registration

Geographical Indications (GI’s)and their use-Sarah Rukundo

Geographical Indication-Definition

GI’s are governed by the Geographical Indications Act 2013 and there in;A “geographical indication” means any indication which identifies goods as originating in a particular country, region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographic origin;

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Definition –Cont’d

According to the Act “goods” means a natural or agricultural product or animal product or a product of handcraft or industry; Thus to qualify for a Geographical indication there must be • Goods • Those goods must originate from a particular

area or locality and;• The goods must have a reputation or

characteristics ATTRIBUTABLE to them as a result their geographical origin

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Definition –Cont’d

In other words its not enough to say that the goods are have certain qualities or characteristics and thus deserve a Geographical Indication. There must be a proven relationship between those qualities and characteristics and the Geographical location from which they originate.

A GI thus acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.

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What is the difference between a GI and a TM?

Geographical indications and trademarks are both distinctive signs used to distinguish goods or services in the marketplace. Both convey information about the origin of a good or service, and enable consumers to associate a particular quality with a good or service BUT where as Trademarks inform consumers about the source of a good or service and identify a good or service as originating from a particular company,

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Difference between a GI and a TM-Cont’d

and thus help consumers to associate a good or service with a specific quality or reputation, based on information about the company responsible for producing or offering it,Geographical indications identify a good as originating from a particular place. Based on its place of origin, consumers may associate a good with a particular quality, characteristic or reputation.

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Difference between a GI a certification mark

Similar to a GI, a certification mark certifies the nature or origin of the goods or services on or in connection with which it is used. But it serves to distinguish goods or services that are certified by an undertaking (in respect of region or location of origin, materials of construction, method or mode of manufacture of goods or provision of services, quality assurance, accuracy, and/or any other definable characteristics) from those that are not certified.

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Difference between a GI and a C-Mark-Cont’d

Certification marks also apply equally to goods and services and take care of any characteristics of goods not necessarily based on Geographical source. In that sense, they have broader commercial application than do GIs, which, as relate only to goods from a given geographical location.

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Test-Identify what can qualify as a GI-Trademark-CM

BUGISU AA

Elgon Arabica

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Demonstration of a GI

BWINDI YOUNG ELGON FRESH

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The Use of GI’sThe use of geographical indications is not limited to agricultural products or alcoholic beverages. They may also highlight specific qualities of a product which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. That place of origin may be a village or town, a region or a country. An example for the latter is “Switzerland” or “Swiss,” which is perceived as a geographical indication in many countries for products that are made in Switzerland and, in particular, for watches. Another example is “Italian shoes” or “Italian Leather”

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How can GI’s be used?GI’s can be used as a tool to market goods that have special characteristics due to their origin. For example according to one source

“The Arabica coffee in Bugisu grows on volcanic soils at an altitude of between 3800 ft. and 14700 ft. above sea level. When roasted the beans have a mild sweet aroma and good taste. Arabica coffee is grown on small gardens owned by individual farmers . This coffee is mostly organically grown but in some cases fertilizers are applied.”

If the mild sweet aroma and good taste are as a result of Bugisu’s volcanic soils and the altitude at which its grown within the Bugisu region then it qualifies to be a geographical indication

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Similar ExamplePalakkadan matta rice is registered under the GI of Goods (Registration & Protection) Act, of India. 1999 by the Palakkad Matta Farmers Producer Company Ltd. It is a coarse variety of rice with bold grains and red pericarp. The rice has a unique taste. The coarse rice with red pericarp by itself ensures high content of nutrients. “Par-boiling” of the rice further ensures retention of nutritional value.

The grains is grown on unique black cotton or regar soil, derived from rocks rich in lime peculiar to Palakkad also in “Poonthalpadam” where the soil is heavy, containing 60-80% of clay and silt and possess low permeability and high water holding capacity. These soils, the humid weather of Palakkad, easterly winds that blow through the Palakkad gap and the rivers that flow from the Western Ghats.

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What other things in Uganda can be protected under the GI system?

Participants. Olubugo “bark cloth” from central region due to

the traditionally unique methods used to make it Eshabwe from Ankore and Bushera from Kigezi

due to the traditional techniques only found in those areas

Shea butter from northern Uganda due to the variety of the Shea nut tree from which it is harvested whose variety is only found in that area.

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Application for a GIUnder Section 8. (1) An application for the registration of a geographical indication shall be made in the prescribed form and shall be accompanied by the prescribed fee.(2) The application referred to in subsection (1) shall specify—(a) the name, address and nationality of the applicant and the capacity in which the applicant is applying for registration;(b) the geographical indication for which registration is sought;(c) the geographical areas to which the geographical indication applies;(d) the goods for which the geographical indication applies; and 10(e) the quality, reputation or other characteristic of the goods for which the geographical indication is used.

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Who can Apply for a GI?

(3) The following shall have the right to file an application to register a geographical indication—(a) a legal entity carrying on an activity as producers, farmers, artisans or whatever the case may be in the geographical area specified in the application, with respect to the product specified in the application;(b) a group of representative producers; or (c) in respect to an indication with national character, any competent authority as provided for under the regulations. (4) An application for registration of a geographical indication may be filed by an agent. (5) Where an applicant's ordinary residence or principal place of business is outside Uganda, he shall be represented by an agent

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Things excluded from protection Under s.5. (1) The following shall not be protected as a geographical indication—(a) an indication that does not comply with the definition of a geographical indication under section 2;(b) an indication that is contrary to public order or morality;(c) an indication which is contrary to public interest, in particular national security, nutrition, health, environmental conservation, or the development of other vital sector of the national economy;(d) an indication which ceases to be protected in its country of origin;(e) an indication which misleads or deceives the public as to the characteristic, nature, quality, place of origin, process of production of the product or its use; (f) a name which conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the origin of the product;

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Things excluded from protection (g) a name where, in the light of a trademark’s reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product.(h) a name that has become generic.(2) For the purposes of sub section(5)1(h), ‘a name that has become generic’ means the name of a product which, although it relates to the place or the region where the product was originally produced or marketed, has become the common name of the product in Uganda.(3) A name wholly or partially homonymous with that of a name already registered under this Act may be registered with due regard for local and traditional usage and the actual risk of confusion.

(4) For purposes of this section, “a homonymous name” means a name for a different region or locality that is spelt or pronounced in the same way as a name already registered as a geographical indication.

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Thank you !