Protection of Geographical indications : to be or not to be in the EAC-EU final EPA?

Abstract

The topic dealt by this study is about protection of GIs, and the problem attempted is what should be the position of the EAC regarding the protection of GIs in the final EPA negotiations with the EU? In addressing this problem, the paper hypothesised that, there are abundant potential GIs in the EAC and their protection can result to profound positive economic contribution to the region. Hence, EAC should opt for the protection of GIs in the final EPA text with the EU. Moreover, most potential GIs found in the EAC are agro-based products of which their production costs are less than EU’s GIs, because of comparative advantage in agricultural production. It follows therefore that, in addressing the said problem the paper runs as follows. Chapter one addresses historical overview of the ACP-EU relations that resulted to the current EPA’s negotiations, objectives and principles of EPA, and lastly the current status of EAC-EPA negotiations. Whereas in chapter three meaning of the term GI, Legal frameworks used to protect GIs are comprehensively examined. Also in this chapter the feasibility of EAC legal framework for protecting GIs is also explored. Chapter four addresses the economic rationale and associated benefits of protecting GIs, and the requisite conditions needed for a product to qualify GI status. Whilst chapter five addresses potential GIs found in the EAC partner states, policies and legal frameworks available to administer such potential GIs. Chapter six covers general conclusion for various findings observed by the study and provides recommendations as to which position should EAC opt, reasons for the same and also addresses possible areas for future research. Conclusively, the paper after intense observations, recommends the EAC to opt for inclusion of the GIs in the final EPA text. The reason being that, there are several economic, social and ecological benefits accrued from protecting GIs. However in the course of implementations,there are certain costs associated with changes in the newly introduced institutions, policy and legal structural reforms etc. Due to these expenses the paper recommends proper utilisation of the existing institutions to reduce administrative costs etc