Enhancing the Value of African Agricultural Products through Intellectual Property Rights.pdf

Enhancing the Value of African Agricultural Products through Intellectual Property Rights.pdf

• 1.
  Enhancing the Valueof African Agricultural Products through Intellectual Property Rights Mika Yamana, Ph.D. Professor of Intellectual Property Law Faculty of Law, Kansai University
• 2.
  Africa Is Readyto Benefit from Intellectual Property Rights What is Intellectual Property Rights(IPR)? • IPR are legal rights that protect creations and inventions resulting from intellectual activity in various fields, including industrial, scientific, literary, and artistic domains. They grant exclusive rights to individuals or entities over their intellectual creations, ensuring protection against unauthorized use. IPR serve as a framework to safeguard creators from unauthorized usage of their intangible assets. IPR contribute to promote innovation, stimulate economic progress, and ensure fair rewards for creators and inventors. WTO（World Trade Organization） members in Africa Obligation to Comply with the WTO/TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights ) Non-Member Countries of the WTO in Africa:：Algeria, Ethiopia, Comoros, São Tomé and Príncipe, Sudan, Equatorial Guinea, Somalia South Sudan, Libya
• 3.
  IPR system isa strategic tool for All Nations! Africa can also benefit from the effective use of IPR in Agriculture • Trademarks can be protected semi- permanently as long as they continue to be used. Geographical Indications(GI) can remain protected if the registered quality and characteristics are c o n s i s t e n t l y m a i n t a i n e d . • The intellectual property system is not merely a framework d e s i g n e d t o p r o t e c t t h e technologies and brands of c o m p a n i e s i n d e v e l o p e d countries. Rather, it is a strategic tool for all nations to cultivate industries in which they hold competitive advantages, thereby fostering social and economic development. Africa’s rich a g ri c u l t u r a l pr od u c t s a n d biological resources can also benefit from the effective use of intellectual property systems to d r i v e i n d u s t r i a l g r o w t h .
• 4.
  Trademark Registration ofEthiopian Coffee in Japan: The Case of SIDAMO • In September 2005, an application was filed with the Japan Patent Office (JPO) to register the trademark “Sidamo” under Class 30 (covering coffee and related products). Although the trademark was initially approved, the All Japan Coffee Association later filed a request for invalidation. • The JPO ruled that the trademark could be perceived by traders and consumers as merely indicating the origin or quality of the product. Therefore, it fell under Article 3(1)(iii) of the Trademark Act, which prohibits registration of marks that consist solely of indications commonly used to describe the origin or quality of goods. As a result, the trademark registration was invalidated. • In response, the Government of Ethiopia filed a lawsuit with the Intellectual Property High Court seeking to overturn the JPO’s decision. On March 29, 2010, the court ruled in favor of Ethiopia, stating that: When used for “coffee” or “coffee beans,” the term “Sidamo” is recognized by traders and consumers not merely as a geographical origin, but rather as a brand or type of high-quality Ethiopian coffee, specifically from the Sidamo region. • Therefore, the trademark possesses distinctiveness and the ability to distinguish the goods of one party from those of others. The court revoked the JPO’s invalidation decision, allowing Ethiopia to retain the trademark registration for “Sidamo” coffee. Cabrito de Tete: Mozambique’s First Geographical Indication in ARIPO countries On June 15, 2020, with support from AfrIPI, WIPO (World Intellectual Property Organization), UNCTAD (United Nations Conference on Trade and Development), and FAO (Food and Agriculture Organization of the United Nations), the Government of Mozambique officially registered Cabrito de Tete—goat meat from Tete Province—as a Geographical Indication (GI). This marked the first GI registration among member states of ARIPO (African Regional Intellectual Property Organization), which comprises 22 English-speaking African countries. Goat meat raised on native pasture in Tete Province is characterized by its low fat content, juicy texture, and a distinct natural sweetness. Penja Pepper: Cameroon’s First Protected Geographical Indication in OAPI and Europe In 2013, Poivre de Penja (Penja Pepper), cultivated in Littoral Province, Cameroon, was registered as the first Geographical Indication (GI) under OAPI (African Intellectual Property Organization), which represents 17 French-speaking African countries. Grown in the volcanic soil of Mont Koupé in Cameroon’s western highlands, Penja Pepper is renowned for its mineral-rich composition, distinctive flavor, and traditional hand-harvesting methods passed down through generations. With support from AfrIPI, the European Commission officially registered Penja Pepper as a Protected Geographical Indication (PGI) on March 17, 2022. This marked the first PGI registration from Africa, adding significant value and international recognition to the product in European markets. *AfrIPI is an international cooperation project funded and directed by the European Union, co-funded and implemented by the European Union Intellectual Property Office (EUIPO). GI Trade mark
• 5.
  Recommendations for PromotingIPR Utilization in African Agricultural Development • Try to Develop IPR Utilization Frameworks Tailored to African Contexts Rather than simply adopting models from developed countries, African nations should develop IPR utilization frameworks that reflect their local realities, community structures, and traditional practices. • Strengthen Institutional Capacity and Legal Infrastructure Support the development of national IP offices, legal frameworks, and enforcement mechanisms to ensure effective protection and management of agricultural IPR assets. • Raise Awareness and Build Local Expertise Conduct training programs, community outreach, and capacity-building initiatives to empower farmers, cooperatives, and local stakeholders to understand and utilize IPR tools. • Promote Regional and International Collaboration Encourage partnerships with organizations such as WIPO, ARIPO, OAPI, and AfrIPI, as well as bilateral cooperation with countries like Japan, which has a long history of supporting African development through TICAD and JICA.
• 6.
  JICA ABE InitiativeProgram African Business Education Initiative for Youth • To foster industrial human resources in Africa and support Japanese companies in their African business endeavors on the continent, a program was launched to cultivate “navigators” by inviting young Africans to Japan. Under this initiative, participants pursue a master’s degree at Japanese universities and gain internship experience at Japanese companies. The program was announced by the Japanese government at TICAD V in 2013 and began in 2014. As of December 2023, approximately 1,700 individuals from 54 African countries have been accepted. • Since the 2015 academic year, the Graduate School of Law at Kansai University has accepted African students from seven countries: the Democratic Republic of the Congo, Egypt, South Africa, Kenya, Ethiopia, Burundi, and Mozambique. Many African students have shown interest in exploring ways to add value through the utilization of IPR in agriculture and biological resources, and have chosen this as their research theme.
• 7.
  Thank you verymuch for your attention! As of March 18, 2025, GI registration Numbers in Japan is 161. In addition, products such as Prosciutto di Parma (Italy), Luc Ngan lychee (Vietnam), Binh Thuan dragon fruit (Vietnam), Doi Tung coffee (Thailand), Doi Chang coffee (Thailand), and Huaymun pineapple (Thailand) have also been registered in Japan.