In this interview, Sand Mba Kalu, Executive Director, Africa International Trade and Commerce Research (AITCR), discusses the state of geographical indications (GIs) in Nigeria. AITCR is an international trade consulting firm that seeks to promote trade and investment across Africa. It sees trade as an instrument to alleviate poverty and promote socio-economic development. This has prompted it to focus on issues that boost trade in Africa, such as GIs.
GIs are words or signs that identify a product as originating in a locality, country or region, where a given characteristic, quality or reputation of the product is principally attributable to its geographical origin. In other words, there is a link between the product and where it is produced. Examples of GIs include Argan oil (Morocco), Tete goat meat (Mozambique), Penja pepper (Cameroon), Rooibos tea (South Africa), Basmati (India/Pakistan), Champagne (France) and Scotch Whisky (Scotland).
Flora IP (FI): Origin based products can be protected in Nigeria under the Trade Marks Act of 1965. The Merchandise Mark Act of 1915 also prohibits false trade descriptions. Please discuss the geographical indications (GIs) landscape in Nigeria, including legal frameworks and stakeholder awareness.
Sand Mba Kalu (SMK): GIs are non-existent in Nigeria. At the moment, no law in Nigeria expressly mentions GIs. While the above laws exist, only a few people are aware of how they relate to GIs. GIs are technical and complex. Stakeholders do not understand GIs due to the esoteric nature of the concept and intellectual property rights (IPRs) generally. AITCR has organised events in Nigeria where a wide range of stakeholders in the GIs ecosystem, including government officials, academics and producers, were invited to discuss strategies to promote GIs. At the first event in 2017, we conducted a survey based on a simple question ‘are you aware of GIs?’ The survey revealed that over 80 per cent of the participants did not understand GIs. Some mistook it for Geographic Information System (GIS): the computer system for capturing, storing, checking and displaying data related to positions on Earth’s surface.
FI: Why are GIs important for Nigeria?
SMK: First, GIs are avenues to create wealth in rural areas. Second, it maintains the culture of the people. Third, it creates products and expertise from traditional knowledge through innovative research and development. Fourth, it provides global recognition. For example, when you drink Champagne, you remember France, when you eat Basmati, you remember India/Pakistan. Similarly, it is an indication of source, which informs consumers about the origins of their food. Sixth, it gives communities and countries an advantage in economic relations. This means that we can use our local products as bases for negotiations in bilateral agreements. Seventh, it has the potential to add to Nigeria’s gross domestic product (GDP). The worldwide sales value of GIs products registered in the European Union (EU) increased by 12 per cent between 2005 and 2010; it was estimated at EUR 54.3 billion in 2010 at the wholesale stage. I am sure that the EU earns even more from GIs now. Are you aware that the Chinese are very aggressive in identifying and classifying products of Chinese origin as GIs? GIs are important game-changers and contribute to the economic strength of many nations.
FI: How is AITCR involved in promoting GIs in Nigeria?
SMK: AITCR is a private organisation. So far, we have organised three stakeholder events to promote GIs in Nigeria, in 2017, 2018 and 2019 respectively.
On 25 October 2017, with over 50 stakeholders in attendance, AITCR launched the road map for Nigerian GIs products with the first national stakeholders’ engagement on the sustainable development of Nigerian GIs, which was held in Abuja, Nigeria. The “Making Nigerian GIs Global” project was initiated at this event.
The Making Nigerian GIs Global project is a 10-year strategic plan that aims to have Nigerian origin-linked products classified as GIs both at national, regional and international levels.
In line with the 10-year strategic plan, the 2nd Nigerian GIs stakeholder dialogue was held on 27 November 2018 at the Nigerian Export Promotion Council, Abuja, Nigeria. We took our GIs advocacy to government agencies and private sector actors in 2019. In partnership with an EU country, we are currently organising a high-level stakeholders’ event titled “Strategic Importance of Geographical Indications to Nigeria” (we will share information about the event after the necessary arrangements are finalised).
For our 2020 event, we are hoping to bring together all State Governors in the country, the Minister of Finance, the Minister of Industry, Trade and Investment, representatives from the African Regional Intellectual Property Organisation (ARIPO), representatives from the African Union (AU), representatives from selected international organisations, representatives from selected African countries that have successfully introduced GIs systems as well as producers and consumers. We are pleased that the EU member state has expressed interest to join us in promoting GIs in Nigeria.
Furthermore, we have spoken at several events to promote GIs. We have also visited government offices like the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment, to discuss possible legal reforms for GIs.
AITCR has successfully created awareness about GIs in Nigeria. However, we anticipate that there would be noteworthy legal developments after our 2020 event.
FI: Please discuss challenges AITCR has faced in its quest to promote GIs in Nigeria.
SMK: Funding is a significant and major challenge we face; as a private firm, we are self-funded. While international organisations like the Food and Agriculture Organisation of the United Nations (FAO) promote GIs in Asia, we have no similar support in Nigeria. It has also been challenging to get regional backing because Nigeria is not a member of ARIPO. Outside funding, as mentioned earlier, the other notable challenge we have faced is the lack of awareness about GIs amongst stakeholders, especially policymakers, producers and consumers. We are resolute and determined to achieve positive results; we call on FAO, the Nigerian government, the EU and other stakeholders to join (and partner) with us. Our mission on GIs also speaks to the Sustainable Development Goals 1: No poverty, 2: Zero hunger, 3: Good health and Wellbeing, 8: Decent work and Economic growth, 10: Reduced Inequality, and 12: Responsible Consumption and Production.
FI: What changes to the GIs landscape would you like to see in Nigeria?
SMK: First, we want more awareness of GIs amongst stakeholders alongside legal and institutional frameworks to ensure that products of geographical origins are protected. Second, we want to see products of Nigerian origin classified as GIs. It is noteworthy that there are less than 1,000 products protected as GIs across Africa, out of which, Nigeria has none. This does not mean that Nigeria does not have products that could be classified as GIs.
Mapping of GIs would help. That is, the identification of potential areas and products to run as pilots, for example, Nsukka yellow pepper from Enugu State, Ofada rice from Ogun State and Abakaliki rice from Ebonyi State.
Third, we want to see Nigeria become a member of ARIPO. This would provide intergovernmental institutional support to promote GIs in Nigeria. Fourth, we want Nigeria to fully implement the African Union’s Continental Strategy for Geographical Indications in Africa 2018-2023 (Continental Strategy). Fifth, we want capacity building for GIs. International organisations like the FAO and World Intellectual Property Organisation (WIPO) should promote GIs in the country.
FI: What changes to the GIs landscape would you like to see at the regional, continental and international levels?
SMK: We want to see more awareness at the regional level. There are only a few Economic Community of West African States (ECOWAS) members that have introduced GIs systems (it is mainly the Francophone states through the African Intellectual Property Organisation (OAPI) that have GIs systems). We want ECOWAS to promote GIs. Bearing in mind that the African Continental Free Trade Area (AfCFTA) is set to commence trading on 1 July 2020 and the second phase covers IPRs – including GIs, we want policymakers to embrace this opportunity to promote effective GIs systems across the continent. We need more capacity to achieve the Continental Strategy on GIs; we have only three years to the deadline for the Strategy (2023). The AU should support advocacy for GIs across Africa. The AU can drive GIs in the same way as the AfCFTA.
For more on the AITCR, see here.
