Form and substance: the developmental promises of geographical indications in Africa

Time:2025-08-15

Source:OXFORD ACADEMIC

Author:Charlene Musiza

Type:Trademark;Patent;Copyright;Domain;Other


Jurisdiction:South Africa

Publication Date:2025-08-15

Technical Field:{{fyxType}}

Geographical indications (GIs) have increasingly been recognized as a powerful tool for fostering sustainable development1 and ensuring food security within rural communities. They can help secure global market access for authentic origin-linked goods and offer a pathway to rural economic empowerment.2 There are also cultural and social elements to GIs as they often embed cultural aspects and traditional methods of production grounded in the social and historical context of the region of origin.3 Scholars highlight GIs as potential tools to preserve cultural identity, support biodiversity and alleviate food insecurity in Indigenous communities.4 These benefits may also generate spillover effects in related sectors such as tourism and other culture-based activities.5

Africa has seen an increase in GI registration with an estimated 190 registered GIs.6 However, the evolution of GI protection in Africa cannot be fully understood without considering the influence of external actors in shaping the GI landscape in this continent.7 Through initiatives such as the Intellectual Property Rights and Innovation in Africa (AfrIPI) project and Economic Partnership Agreements (EPA) with African countries, the EU has facilitated the registration of several African-origin-linked products. These interventions often reflect the EU’s preference for sui generis GI laws, as seen in the registration of products like Penja Pepper and Oku white honey in Cameroon, as well as the recent registration of Mozambique’s first GI with EU support.

Using Cameroon and South Africa as case studies, this article examines the legal frameworks employed in the two countries and assesses whether these frameworks have delivered on the developmental promises of GI. It considers how factors such as product typicality, governance structures, and market linkages influence the success and economic performance of origin-linked goods. The article seeks to provide a nuanced understanding of the extent to which the form of legal protection impacts the socio-economic outcomes of GIs, offering insights into the optimal approach to GI protection in Africa.


Source: https://academic.oup.com/jiplp/advance-article/doi/10.1093/jiplp/jpaf044/8221821