Delphine Marie-Vivien

Considerations in Designing an Appropriate Legal Framework for GIs in Southern Countries

In the context of the international debate on geographical indication protection, this chapter reflects on considerations in the design of an appropriate institutional framework for the protection of GIs in Southern countries. The discussion provides an analytical review of two divergent institutional frameworks, comparing in particular the EU sui generis framework with GI protection under US trade mark laws. Drawing on the comparison, the discussion explores some key considerations in designing an appropriate institutional framework for GI protection. The theoretical discussion is empirically grounded primarily on the case of South Africa, as a country with no formal recognition of GIs but which has in recent years seen strong industry initiative in obtaining GI protection within the existing legal framework. The discussion explores the current South African legal framework and through the experience of the Karoo Lamb and Rooibos cases, the particular challenges the existing legal framework presents. The case studies are used to contextualise the theoretical insights into key considerations for the development of an appropriate institutional framework for GIs in Southern countries. The discussion is enriched with insights from institutional developments in India.