The African Union endorsed its Continental Strategy for Geographical Indications in Africa (Strategy) in October 2017. The main objective of the Strategy is to contribute to sustainable rural development in Africa by providing guidance to stakeholders involved in the protection and promotion of geographical indications on the continent such as intergovernmental intellectual property organisations, regional economic communities and member states.
In this interview, Ms Diana Akullo, Policy Officer, Crop Production Rural Economy and Agriculture Department at the African Union Commission, responsible for the coordination and construction of the Strategy, discusses the excellent initiative.
Flora IP (FI): In line with its Strategy, what is the African Union’s vision for geographical indications?
Diana Akullo (DA): The African Union adopts geographical indications as tools to promote sustainable rural development in Africa by building the value chains for traditional products and improving rural livelihoods. It seeks to create markets for smallholder farmers to increase their incomes. The Strategy contributes to other programmes and projects in Africa and at the international level such as the United Nations Sustainable Development Goals, Agenda 2063, Comprehensive African Agriculture Development Programme which is linked to the Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods and most recently, the African Continental Free Trade Area (AfCFTA).
FI: Can you share the African Union’s practical contributions to promoting geographical indications in Africa?
DA: The role of the African Union is fourfold. First, it supports the 55 African Union member states with drafting new policies and harmonising existing policies to ensure cohesion in implementation. Second, it supports the implementation of these policies by building partnerships around common objectives. Third, it provides or advocates for resources to support member states’ programmes and projects. Fourth, it supports implementation of priority programmes and initiatives including geographical indications in Africa. Also, the African Union has a convening mandate and power; it can bring together its 55 members to delineate and discuss common objectives. It works closely with Africa Regional Intellectual Property Organisations (ARIPO and OAPI), the Food and Agriculture Organisation of the United Nations (FAO), the French Agency for Development (AFD), with support from the European Commission and World Intellectual Property Organisation (WIPO) to implement the Strategy.
FI: Does the African Union intend to harmonise the fragmented legal frameworks for geographical indications around Africa?
DA: Every African country is sovereign. The African Union is a coalition of ‘the willing.’ The implementation of its treaties, programmes and projects are based on the willingness of its member states. In this regard, the Strategy recognises the existence of the distinct legal systems in the African Intellectual Property Organisation (OAPI) and the African Regional Intellectual Property Organisation (ARIPO). However, it also recognises the drive toward economic integration in Africa, which can be traced to the Charter of the Organisation of African Unity (signed 25 May 1963, entered into force 13 September 1963) and the Treaty Establishing the African Economic Community –Abuja Treaty (adopted 03 June 1991, entered into force 12 May 1994).
Accordingly, when the European Commission suggested the development of a financing instrument through OAPI and ARIPO during discussions on the implementation of the action plan for the Strategy, the African Union highlighted the fact that not all its members belong to ARIPO or OAPI. For example, both Nigeria and South Africa, the biggest economies on the continent, do not belong to either organisation. As such, the Strategy should be left open so that it caters to all African Union member states.
The six strategic outcomes set out in the Strategy speak to, inter alia, strengthening the legal frameworks in member countries.
Outcome 1: An African vision on GIs as a tool contributing to sustainable rural development and food security.
Outcome 2: A legal and institutional framework is enabled at national and regional levels for the protection of GIs.
Outcome 3: The development and registration of GI products as pilots and drivers for rural and sustainable development are supported, to provide learning and demonstrative effects.
Outcome 4: Market development for products is promoted through innovative approaches on local markets, through regional trade among RECs and on export markets (particularly in the EU, since GIs are an established market tool there).
Outcome 5: Research, training programs and extension are encouraged to ensure the identification, development and diffusion of the best African tailored practices and to contribute to the African approach in the context of climate change. Since a great deal of research has been undertaken by non-African institutions, cooperation between African and non-African experienced institutions should be facilitated.
Outcome 6: Awareness of all stakeholders, including consumers, is created, and communication
We are hoping that the Strategy would trigger countries to take concrete actions that benefit them where they have not done so, and that they begin to see the costs of inactions.
The Strategy is somewhat like a coat hanger with 55 hooks. There is space for everyone to benefit from what the Strategy can offer.
The Strategy connects countries to the network of institutions and expertise that can help to build initiatives at the national levels based on domestic needs.
FI: Although one of the potentials of geographical indications in Africa is to promote sustainable rural development, there are significant challenges to achieving this. The challenges include the establishment of effective legal and institutional structures; quality infrastructure – for example, production, processing, storage and transportation facilities; maintenance and enforcement of the geographical indications; as well as product awareness at national, regional and international levels. How would the African Union contribute to addressing these challenges at the national levels?
DA: Agenda 2063 is about the Africa we want. While some may say this is a dream, it can come true. I was part of the negotiation process in Phase I of the AfCFTA. It started with a simple roadmap. The leaders committed to that roadmap in line with the dream to have an integrated Africa.
At the African Union Commission, we are addressing some of the value chain issues you have mentioned. Let us take production as an example. Aspiration 2 of Agenda 2063 focuses on the need for Africa to develop world-class infrastructure to improve connectivity by rail, road, sea and air.
Aspiration 2: An integrated continent, politically united and based on the ideals of Pan-Africanism and the vision of Africa’s Renaissance.
The African Union seeks to implement its commitment to infrastructure development through programmes and projects such as the Programme for Infrastructure Development in Africa (PIDA), which is dedicated to facilitating continental integration through improved regional infrastructure; the Integrated High-Speed Train Network, which aims to connect all African capitals and commercial centres through an African High-Speed Train Network; the Single African Air-Transport Market, which aims to create a unified air transport market in Africa; and among others, the Grand Inga Dam Project, which aims to transform Africa from traditional to modern sources of energy and to ensure access to clean and affordable electricity through the development of the Inga Dam. The effects of these programmes and projects might not yet be felt, but this does not mean they are not happening.
Regarding processing and storage, African leaders have actively emphasised the need and urgency for Africa’s industrialisation and with a focus on adding value to natural resources or beneficiation as it is commonly known. Effort has been made to add value to Africa’s commodities with specific industrial policies and programs with the FAO and AU working toward the development of regional value chains. The likely challenge with this approach is that countries might find it difficult to join value chains and increase the share of their value addition by advancing from simple to more intricate activities.
See Agenda 2063 for an overview of the African Union’s plans.
FI: From the foregoing, we note the growing interest in geographical indications in Africa. Please share your thoughts on its future.
DA: First, I hope to report the increase in numbers of existing and potential geographical indication registrations in Africa at regional and international meetings. Second, I want to see impact beyond those numbers. Registered geographical indications should contribute to sustainable social and economic development within the communities and around the continent. Third, Africa should take back control of its products that have been protected through different intellectual property rights frameworks outside the continent – Rooibos is back to South Africa, Teff is registered to Ethiopia. Finally, I want to see geographical indications appropriately captured in Phase II of the AfCFTA. The Strategy should be a departure point for negotiations on intellectual property rights in Phase II of the AfCFTA. At the moment, I am in a happy zone because implementation is burgeoning. Geographical indication training is happening around Africa. The Strategy is working.
More on Implementation of the Strategy
On 29 March 2019, three initiatives were decided on, as part of the implementation of the Strategy. (i) The preparation of a set of specific training and technical assistance programmes to develop geographical indications in Africa. (ii) The establishment of an African geographical indications’ website. (iii) The identification of a number of geographical indication pilot products to be developed in different African countries.
A 2020 Action Plan for Geographical Indications in Africa
Building the success of the three initiatives highlighted above, on 9 November 2019, the Technical Consultative Committee for the Strategy reaffirmed their commitment to the development of geographical indications in Africa by setting an action plan for 2020. The Committee comprises members from AU, OAPI, ARIPO and the European Commission. It also has observers from WIPO, FAO and AFD. The action plan for 2020 includes further training on geographical indications, developing the geographical indication digital hub, assisting with developing or improving the legal framework on geographical indications, a communication action plan and a research programme which includes the creation of an African research network.
Furthermore, the political declaration and action agenda signed by Phil Hogan, the European Commissioner for agriculture and rural development and Josefa Sacko, the African Commissioner for rural economy and agriculture, at the third African Union – European Union agriculture ministerial conference that held on 21 June 2019 in Rome, Italy included provisions on the implementation of the Strategy.
