By Cerkia Bramley, Estelle Bienabe, Johann Kirsten
This publication contributes to the literature on Geographical symptoms (GIs) by means of delivering key theoretical reflections from a five-year evaluate strategy at the power of GIs for agri-food items in Southern Africa. The members ponder various GI tactics and dynamics which function on the neighborhood, nationwide and foreign degrees, therefore enriching the certainty of GI dynamics and of the range of coverage thoughts to be had for GI safety in Southern nations. Following a dialogue of the criminal framework and governance of nationwide GI schemes in Southern international locations, the e-book emphasizes the most dimensions underlying the advance of GIs and their strength for boosting sustainable rural improvement and industry entry specifically. this gives the constitution for the chapters that construct at the varied reviews of Southern African industries that experience launched into GI suggestions. The e-book comprises chapters on designing a suitable felony framework and governance procedure for the advance of GIs in Southern countries.
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Additional info for Developing Geographical Indications in the South: The Southern African Experience
There is therefore no requirement as to a territorial link, which contrasts with the GI claim of a unique quality attached to a territory and deriving from specific local resources. Trade marks are transferable and trade mark proprietors have the right to assign or license their trade marks. While certification marks certifying origin are necessarily linked to a specific region, they do not fully address concerns related to upholding the product-place nexus. So for example, while ownership of a certification mark would not affect the product-place nexus per se, its registrability and transferability to entities with no connection to the region does pose some concern from a national heritage perspective.
It would be possible for example for a Japanese importer to register a certification mark for Honeybush tea (a South African origin product) and to proceed with a bona fide certification function, effectively placing control over a national heritage product in the hands of a foreign entity. Some jurisdictions address this concern by providing 2 Considerations in Designing an Appropriate Legal Framework for GIs… 25 that only entities within the area to be certified may apply for registration of the certification mark.
Who are subject to these controls. Verification and control of nonEU GIs are undertaken by public authorities designated by the third countries and/ or product certification bodies. These certification bodies as well as those referred to in article 2 of EU Regulation 882/2004 must be accredited in terms of ISO 65 or EN 45011. Some Member countries provide that authorities may, in instances of unlawful use of the GI, intervene in their own capacity and not only on request of an interested party.