The Prospects, Benefits and Challenges of Sui Generis Protection of Geographical Indications of South Africa
| Author | Omphemetse S. Sibanda |
| DOI | 10.1177/0015732516646211 |
| Published date | 01 August 2016 |
| Date | 01 August 2016 |
| Subject Matter | Articles |
The Prospects, Benefits
and Challenges of
Sui Generis Protection
of Geographical Indications
of South Africa
Omphemetse S. Sibanda, Sr1
Abstract
This article appraises the prospects, benefits and challenges of sui generis pro-
tection of geographical indications (GIs) in South Africa (SA). In SA, there is no
specific legislation protecting GIs, and the country relies, amongst others, on the
common law system and various legislations, such as the Agricultural Products
Standards Act of 1990; Counterfeit Goods of 1997; the Liquor Products; the
Trademark Act; the Intellectual Property Laws Amendment Act of 2013; and the
Consumer Protection Act of 1998. It is therefore argued that SA needs a specific
law that considers GIs as a specific, separate intellectual property right (IPR).
JEL: D18, D64, D60, F00, F19, F13, K10, K11, Q28
Keywords
Constitution, geographical indications, intellectual property, TRIPS agreement,
World Trade Organization, South Africa, sui generis protection
Introduction
The protection of geographical indications (GIs) against their vulnerability to
exploitative practices is growing in importance. So is the growth in the need to
protect geographical names. The World Trade Organization (WTO) through the
Trade-Related Aspects of Intellectual Property Agreement (TRIPS Agreement), in
particular Articles 22, 23 and 24 read together, requires members to have in place
domestic law protecting GIs. Thus, the WTO acknowledges and protects GIs as
Foreign Trade Review
51(3) 213–224
©2016 Indian Institute of
Foreign Trade
SAGE Publications
sagepub.in/home.nav
DOI: 10.1177/0015732516646211
http://ftr.sagepub.com
Corresponding author:
Omphemetse S. Sibanda, Sr, Professor and Director, School of Law, College of Law, UNISA, Pretoria,
South Africa.
E-mail: sibanos@unisa.ac.za
1 Professor and Director, School of Law, College of Law, UNISA, Pretoria, South Africa.
Article
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