I am delighted to share my reflections on the webinar titled ‘The Importance of Geographical Indications to the Sustainable Development of Nigeria’, organised by the World Intellectual Property Organization (WIPO) Nigeria Office in collaboration with the Africa International Trade and Commerce Research (AITCR).
Date: 13 August 2020. Time: 03.00 to 05.00 pm, West African Time.
The webinar considered the relationship between Geographical Indications (GIs) and Sustainable Development within the context of Nigeria. The panel, which comprised six experts on the subject matter – GIs, explored the concept, the international system underpinning its administration, the opportunities for Nigeria to utilise local GI products in (international) trade relations, the mechanisms for registering GIs in Nigeria and the necessary national policy and/or legislative frameworks that could support Nigeria’s growth in this area.
The webinar was kick-started by Oluwatobiloba Moody, Program Officer, WIPO Nigeria office, who gave a brief background, explaining the purpose for which the WIPO Office is sited in Nigeria before introducing the topic of the event. He took the attendees down memory lane reminding them of several place-based products that Nigerians are familiar with, such as Ogbomoso Mango, Ijebu garri and Bendel garri, amongst others.
Following his comment on the subject, he handed over to Mr Sand Mba Kalu, Executive Director, AITCR, who expressed his gratitude to the panelists for participating. Sand brought to the attention of the attendees, the scope of work of the AITCR, to wit, International Trade, Policy, Research and Invest in Africa. He informed the attendees that the AITCR, a Pan African institution has made consistent efforts, since 2017, to circulate knowledge about GIs. He asserted that WIPO’s decision to host this webinar in collaboration with AITCR validates the interventions of his institution over the years.
The COVID 19 pandemic has affected the economies of countries the world over, Nigeria not being an exception. Therefore, the Federal Government’s decision to diversify the economy could not have come at a better time than this, when the momentum for the recognition of GIs in Nigeria is picking up. GIs products, when well administered, can increase the Per Capita Income of individuals in a country, the country’s exports, and overall Gross Domestic Product.
Flora IP’s Dr Titilayo Adebola, Lecturer and Theme Coordinator, Intellectual Property Law, University of Aberdeen co-moderated the event alongside Sand. Titilayo holds the view that GIs are an important category of intellectual property (IP) rights that can contribute to social and economic development in Africa and Nigeria. In her own words, “Geographical Indications are signs that are used on products to identify their geographical origins because of certain characteristics, qualities or qualifications that are related to that product.”
Following her brief comment on the subject, she yielded the floor to the panelists.
MS ALEXANDRA GRAZIOLI
The discussion commenced with Alexandra, Director of the Lisbon Registry WIPO, who gave the introduction to the international legal architecture for GIs and also shared case studies on WIPO’s work in Africa to promote GIs as a tool for Sustainable Development.
Alexandra defined GIs as an IP right used to identify special products that come from specific places, with the products possessing specific qualities resulting from natural factors existing in that place and also the knowledge of the producer in that place. GIs are collective rights. In the context of Sustainable Development, the status of GIs as collective rights can have a substantial impact on GIs.
She highlighted the role of WIPO in the field of GIs, which is threefold.
(i) Managing international treaties that govern the protection of GIs and the international registration system, (ii) Working to constantly develop international frameworks for different countries, and (iii) Helping member countries develop legislative and institutional frameworks to have GIs in place.
In addition to this, she brought to the notice of the attendees the different ways through which GIs can be protected, including the sui generis System and the trade mark system.
At the international level, the Lisbon Registry, a creation of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon Agreement) is in charge of the registration and protection of appellations of origin. It defines appellations of origin as the “geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographic environment, including natural and human factors.” The Lisbon Agreement makes registration convenient for members, as only a single application needs to be filed for the protection of a product, of course at the registry, which enables the product to be entitled to protection in the territory of other member states to the treaty.
However, for countries that have elected to employ the trademark route, international protection is offered through the Madrid International Trademark System.
With regards to the work that WIPO is doing in Africa to promote GIs as a tool for Sustainable Development, Alexandra highlighted examples such as Penja Pepper in Cameroon, Tete Goat in Mozambique and the ongoing project in Senegal in conjunction with the Food and Agriculture Organisation of the United Nations and producers, to protect a wild species of fruit in the Senegalese region of Casamance called Madd de Casamance.
The Madd fruit is found in the forest, which inspired the producers to protect the forest, to ensure its sustainable management, consumption and regeneration. This is in a bid to ensure the financial advantages accruing to the producers is not cut short due to overconsumption of the Madd fruit.
Finally, WIPO has worked with Kenya to develop the GI for the Taita Basket.
MS DIANA OGWAL AKULLO
Diana, the African Union Policy Officer for Rural Economy and Agriculture, informed the attendees that the Continental Strategy for Geographical Indications in Africa was developed to respond to the global agenda of Sustainable Development Goals (SDGs). In addition to this, she opined that GI fits into AU’s Agenda 2063 and the Comprehensive Africa Agriculture Development Programme.
Diana also holds the view that GIs give the recently signed landmark African Continental Free trade Area (AfCFTA) Agreement a dynamic angle. She posits that with the signing of the AfCFTA, followed by the anticipated increased protection of GIs in AU member states, there will be growth in market accessibility for the protected products.
Because of the significance of GIs to the development of the AU Strategy, the AU works with its Member States, the Organisation Africaine de la Propriété Intellectuelle (OAPI), African Regional Intellectual Property Organisation (ARIPO), FAO, WIPO and the European Union (EU). In addition, the Strategy was endorsed by the Ministers for Agriculture, Rural Development, Water and Environment in AU member states in 2017. Therefore, the document fully represents the intent of AU and its member states on how to ramp up the protection of GI products in Africa.
A principal part of Diana’s presentation was the recognition that a strategy is only as good as its implementation. Since the targets of the strategy are the small scale farmers, the AU is therefore poised to embark on training and the establishment of platforms for people to follow up on the progress being made.
Finally, the strategy has been popularised at different meetings and events, with the aim of increasing awareness for GIs in Africa.
DR SHAFIU ADAMU YAURI
Shafiu, the Registrar of Trade Marks, Federal Ministry of Industry, Trade and Investment, Nigeria, spoke about the current legal position on GIs in Nigeria.
According to him, he made the provision of specific GI protection for Nigerian products one of his core deliverables on the assumption of office. Because of the crucial contributions of GIs to sustainable development, Shaifu explained that he has been pursuing his goal to promote an effective GI system in Nigeria. He added that he actively participates in the various webinars where the subject is discussed.
In Nigeria, GIs are protected through Trade Marks (Section 43) Trademarks Act 1965.
Shafiu opined that Nigeria has a rich reservoir of potential GI products, roughly about ten thousand (10, 000), of which he was generous to mention a few of them.
The Sokoto Goat (misappropriated as morocco leather), the Kebbi Rice (Lake Rice), Abakaliki Rice, Ofada Rice, Ijebu garri and Gongola Highland Tea, amongst others.
However, when considering the roles GIs play, it is sad that there has not been ample use and recognition of the aspect of the law that offers protection to GIs.
He admitted that beyond the trade mark system of protecting GIs, there is a need for Nigeria to enact specific GI legislation, especially in line with its commitment to the SDGs. On this, Nigeria has been engaging WIPO and other IP agencies in Africa with the sole aim of developing specific legislation for GIs for Nigeria in the nearest future.
Shafiu believes that for Nigeria to realise the potential of GIs, there is the need to embark on a mapping of the country because almost all the states have one product or the other that could qualify for GI protection.
On a final note, Shafiu notified the attendees of the moves by the Minister for Industry, Trade and Investment, the Ministry of Agriculture and the Ministry of Science and Technology to develop a policy for the protection of GIs in Nigeria.
DR GWOM SOLOMON
Gwom, Lecturer at the Faculty of Law, University of Abuja, explained that GIs are protected under the World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in particular, Articles 22 to 24. However, there is no policy on GIs in Nigeria. Nigeria currently protects GIs with a trade mark system, as practised in countries like the United States of America, Australia and Japan. However, an alternative approach is to adopt a sui generis GI system, like the EU. He maintained that Nigeria could adopt a hybrid system (a combination of the Trade Marks System and the Sui Generis System).
Furthermore, he noted that Section 43 of Nigeria’s Trade Marks Act protects Certification Marks, although he was quick to also mention that the Trade Marks Act does not recognise nor make provision for Collective Marks. Other relevant laws that protect GIs are the Merchandise Act, General Systems Preferences Act, the Trade Malpractices Act and the Federal Competition and Consumer Protection Act, 2019.
When asked by the moderator, Titilayo, to proffer recommendations on how the development of a GI protection system in Nigeria might be executed, he recommended that stakeholders in the industry, including law and policy makers be invited to discuss and agree on the method of protection that suits Nigeria, as well as the costs and benefits involved. The stakeholders must also consider the effects of GI protection on the biodiversity in Nigeria, how it will help to curb bio-piracy that Nigeria suffers from, and how GI protection will affect the Traditional Knowledge of communities in Nigeria.
Additionally, Nigeria has to come up with a mapping strategy to identify those areas where products deserving of GI protection can be found in the country, also, the specific characteristic or reputation of such products that makes the products deserving of GI protection must be well-thought-out.
On a final note, he advised that for Nigeria to get it right, experts in the field must not only be consulted, but such experts must be a part of the process. Likewise, the possible benefits and costs of GIs to the producers must be carefully considered.
MS CHINASA UWANA
Chinansa, a Senior Associate at Banwo & Ighodalo, a Law Firm that has participated in the registration of GIs in Nigeria, shared experiences on the impediments her firm has encountered in the process of registering or protecting foreign GIs in Nigeria.
First off was the Champagne case. According to her, Champagne is a region in the North East of France and is an Appellation of Origin/ Geographical Indication that is regulated/ administered by the Comite Interprofessionel du Vin de Champagne (CIVC), which works closely with Institut national de l’origine et de la qualité (INAO), a public administrative institution under the Ministry of Agriculture, Food and Forestry, France.
The process of making Champagne is strict and rigorous. The winemakers must adhere to the established processes before they are allowed to attach the champagne appellation.
However, from her experience, she has come to discover that, because Nigeria operates a trade marks system, which recognises registration on a first-come, first-served basis, several Nigerian winemakers have attempted to arrogate to themselves the Champagne GI, and this has served as a challenge for CIVC. Therefore, to enforce their IP rights, recourse has often been made to Articles 22 and 23 of TRIPS, together with the provisions of the Trade Marks Act, Nigeria to deregister such dubious trade marks.
In another instance, an attempt was made to register the Trinidad Trade Mark for Cuban Cigar in Nigeria. However, the registry rejected on the grounds that geographical names cannot be trademarked.
The existence of such a provision in the Trade Mark Act is a direct assault on the drive for the protection for GIs using the Trade Mark System. This, therefore, calls for a review and amendment of the Trade Mark Act to accommodate the registration of geographical names and as mentioned earlier, to also accommodate collective marks.
In her closing remarks, Chinansa argued in favour of the establishment of a sui generis system. She pointed that while Article 23 of the TRIPS Agreement prohibits the registration of translations of GIs attached to wines and spirits, such preclusion does not apply to the registration of trade marks. Therefore, such registration may be granted.
She further clamoured for the establishment of bodies to regulate GIs and the domestication of treaties such as the TRIPS Agreement.
DR MARK ABANI
Mark, the Founder/CEO of MSCA Projects and Board Chairman of AITCR spoke about the opportunities for local communities to benefit from GI.
According to him, GIs serve two purposes: trade and the development of rural economies. He stated that the development and protection of GIs in a community will, over time, permanently link the product to the community. Therefore, in helping local communities develop GI products, quality (reputation) is being established, which they can charge a premium for.
Also worthy of note is the need for proper standardisation for products. This has become imperative given the recurrent issues about exports in Nigeria, especially for the fact that regulatory agencies are not doing their jobs as they should, but rather are more interested in rent-seeking and toll-gating. Based on this draconian measures put in place by the regulatory authorities in Nigeria, Nigerian yam is taken to Ghana and exported as Ghanaian Yam, thereby losing its premium, while also depriving the home communities of the benefits that would have accrued to them.
He also argued for a proper GI system, because in the end, a GI system can be deemed to be working when the small scale producers, especially those in the rural areas, can benefit from the GI protection, as much as the large scale producers. In addition, more benefit is derived when value is added to the raw products before they are exported; therefore, he reasoned that value addition should be encouraged amongst local producers.
Finally, he introduced an excellent and unique angle to the discussion on the protection of GIs; the gender equality angle. According to him, a lot of these niche crops are farmed by women. Consequently, by developing a GI system, more money will be put in the hands of these women who are in many cases the real breadwinners of the family, leading to empowerment and bridging of the gender inequality gap.
On the question of the proliferation of the Nsukka Pepper in Nigeria and who gets the GI protection, Mark pointed out that the Nsukka Pepper is unique in its smell and flavour, because of both the geography of the land and the traditional knowledge of the growers. Therefore, Nsukka Pepper should be entitled to GI protection. However, this will not affect the registration of other varieties of peppers elsewhere, as each product has unique qualities due to the geography and human factors of where they are grown.
To Sum it Up
The webinar, which could not have come at a better time, sheds light on the position of GIs in Nigeria. It is worth noting that all the speakers agreed that there is a need to painstakingly develop a vigorous and well-thought-out sui generis GIs system in Nigeria because the existing protection through trade marks is insufficient.
I present three concluding remarks. First, it is important to ensure that private and public sector stakeholders work hand-in-hand and that the interest of everyone is considered in the process of constructing Nigeria’s GI system. Notably, the interests of the often marginalised small scale and women producers should be safeguarded.
Second, the key to addressing or ameliorating the misappropriation of GIs in Nigeria is to design a homegrown system while ensuring that the multiple rednecks that have hitherto affected the exportation of raw products are fixed.
Third, beyond the drive to design a system for the protection of GIs, it is important that value addition is encouraged, as this is the only way greater financial benefit will accrue to the producers of GI protected products.
Finally, it is expected that the AU’s Continental Strategy on Geographical Indications in Africa and the AfCFTA will aid the development and dissemination of GI products across Africa, thereby promoting Inter-African trade and sustainable development.
For more on GIs, see:
Flora IP, ‘What’s in a Name? An Introduction to Geographical Indications‘
AITCR ‘Sustainable Development of Nigerian Geographical Indications (GIs) Stakeholders Engagement‘
The Pan-African Geographical Indications Information hub
FAO, ‘Geographical Indications for Sustainable Food Systems‘
WIPO, ‘Geographical Indications‘
WTO, ‘Geographical Indications‘
