Titilayo Adebola
Introduction
This article argues that geographical indication (GI) ecosystems in Africa will thrive through the promotion of inclusive, sustainable and effective (ISE) regimes. As a distinct category of intellectual property rights (IPRs), one of the merits of GIs is their potential to globalize local products. While GIs are protected through a variety of legal means including trade marks, unfair competition laws, passing-off and sui generis regimes, this article asserts that sui generis laws are suited for Africa because they offer the flexibility to incorporate development-oriented provisions. The article offers three factors that can foster the realization of ISE GI regimes in Africa: (i) centring African needs and interests, (ii) coordinating the fragmented GI regimes around Africa and (iii) creative capacity building and training. The article further submits that the proposed African Continental Free Trade Area (AfCFTA) Protocol on IPRs and specialized African Union (AU) instruments on GIs will require concerted commitments of African stakeholders to succeed.
Citation: Titilayo Adebola, “Geographical indications in the era of the African Continental Free Trade Area (AfCFTA)” (2022) 17 (9) Journal of Intellectual Property Law & Practice, 748–760. https://doi.org/10.1093/jiplp/jpac074
