THE IMPORTANCE OF REGISTERING GI IN GHANA

1. AN ARTICLE FOR PUBLICATION IN THE DAILY GRAPHIC (A GHANAIAN NEWS PAPER)
TOPIC: EXPLORING THE PROSPERS OF GIs AND OLP PRODUCTS TO SOLVE GHANAS’
ECONOMIC WOES.
BY MR. IGNATIUS PUMPUNI
Introduction
The predominant trend in agro-industrial markets reveals a growing interest among consumers in
traditional products that are closely linked to a specific place of origin. Both in developed and
developing countries end-customers are showing a greater propensity to purchase food or agro-
industrial products that are deeply-rooted in the various popular cultures, even if this means
paying higher prices. The unprecedented preference for what is perceived as authentic and
genuine is largely a reaction to the rapid changes brought about by globalization.
The growth in international trade, the proliferation of multinational companies with standardized
products and the gradual homogenization of supply have resulted in a large number of consumers
“turning back”. They refuse to see the mere utilitarian value of an asset and are willing to pay a
premium to consume products that are true to their roots, retain the quality of the past and have
not been “tainted” by what many people regard as rampant modernization. (Van de Kop and
Sautier in: Van de Kop et al. 2006; FAO 2008)
For centuries, some French wines identified by the geographical name of their area of origin,
such as Bordeaux, have enjoyed certain privileges associated specifically with their place of
origin. Moreover, the first precursor of officially protected traditional products of regional origin,
as one knows them today, emerged in as early as 1666. In that year, the parliament of Toulouse
declared that: “Only the inhabitants of Roquefort have the exclusive right to ripen the product.
There is only one Roquefort; that which has been ripened in Roquefort since time immemorial in
the cellars of this village.” (Cambra Fierro and Villafuerte Martín 2009: 330; own translation).
However, while traditional products of regional origin have existed a long time as historical,
cultural, economic and social realities, it was not until the early twentieth century that these
products made a legal appearance, so to speak, in Europe itself (Cambra Fierro and Villafuerte
Martín 2009; Van Caenegem 2003). At that time, in Mediterranean countries there began to
emerge more and more regional groups of rural economic operators whose main purpose was to
coordinate the production of typical food and wines characterized by their high quality, and to
certify their origin in order to enhance the marketing of these products. Private collective
initiatives soon received official public support and recognition. France was the first country in
the world to establish a national system to protect and ensure the quality of traditional products
of regional origin, especially wine. A first law passed in 1919 laid the foundations for the
present-day system.
Since then, in European Mediterranean countries, private and public action have gone largely
hand in hand. Economic stakeholders in specific agricultural areas have been organizing
themselves into groups, in order collectively to enhance the competitive advantage of a certain
local agri-food product, while at the same time fighting to obtain legal support from the State in
order to protect the authenticity of these products, preventing adulteration and counterfeiting.
Gradually, more and more countries have been modifying their legal frameworks to grant special
protection to traditional products of regional origin, by introducing so-called “geographical
indications”. These official marks of origin and quality on the packaging of certified products

2. such as Italian Parmigiano-Reggiano, Colombian Coffee and Greek Feta, serve as a legal
safeguard against fraudulent imitations and also as a promotional and marketing tool for
attracting sophisticated consumers. Excluding wines and spirits, there are now more than 750
agri-food products with a geographical indication in the EU, with a large concentration of these
still in the Mediterranean area. Over 90% of the food and drink products come from six
countries: France, Italy, Spain, Portugal, Greece and Germany (Cambra Fierro and Villafuerte
Martín 2009; FAO 2008).
Since 1994, when the World Trade Organization (WTO) Agreement on “Trade Related Aspects
of Intellectual Property Rights” (the TRIPS Agreement) took up and defined geographical
indications, there has been a proliferation of these in developing and transitional countries (Paus
2008). Although up to now, in practice, geographical indications as a legal concept are still not
particularly widespread outside Europe, increasingly more governments, private institutions and
economic operators’ organizations are showing an interest in promoting traditional products of
regional origin, as they become more aware of the products’ commercial potential.
What is Geographical Indication?
GEOGRAPHICAL indications ( GIs) are names that are used to identify and commercialize
natural agricultural products and foodstuffs, wines and spirit, as well as other traditionally made
products such as handicrafts. Examples include Argane, Café de Colombia, Pochampally ikat,
Champagne, Darjeeling tea, Parmigiano Reggiano, and Pisco. These products are deeply rooted
in a given geographical and cultural environment. The unique qualities and characteristics of
such products depend fundamentally on their geographical origin by virtue of the climate, soil
composition, human and other factors.
Through GIs, products are differentiated based on their geographical origin. GIs are regulated by
national laws. Public authorities fix and oversee the conditions under which a GI is conferred,
maintained, and protected against imitations and appropriation. Public authorities also oversee
the framework that ensures quality control, again with various degrees of involvement and
effectiveness depending on the legal system chosen to protect GIs at national level.
Although there are a number of different definitions of GIs, the concept underlying each of them
depends on the identity and uniqueness of products that are rooted in well defined geographical
and cultural areas.
The Agreement on Trade-Related Aspects of Intellectual Property Rights ( TRIPS) of the World
Trade Organization (WTO) provides the first internationally accepted definition of GIs. They are
defined as “indications which identify a good as originating in the territory of a Member, or a
region or locality in that territory, where a given quality, reputation or other characteristic of the
good is essentially attributable to its geographical origin”. Another definition of GIs can be
found in the Lisbon Agreement for the Protection of Appellation of Origin and their International
Registration, adopted in 1958 under the auspices of the World Intellectual Property Organization
(WIPO).
According to Article 2 of the Agreement, an “Appellation of Origin”(AO) is ”the geographical
name of a country, region, or locality, which serves to designate a product originating therein,
the quality and characteristics of which are due exclusively or essentially to the geographical
environment, including natural and human factors.” While the concept of an AO are provided in
the Lisbon Agreement is narrow than that of GIs contained in the TRIPS Agreement, the
underlying idea is the following: they are geographical names used to identify goods that can

3. only be produced in a given geographical and cultural zone. The environment, by virtue of its
soil composition, climate, biodiversity, local know-how and other human factors, confers
specific characteristics on these products that make them unique.
The quality and characteristics linked to the geographical origin of a product must be sufficiently
specific to differentiate it from other goods. The concept of quality can defined in relation to the
product’s nutritional properties, flavor, appearance, or the process and raw materials used to
produce it. The product’s characteristics can be determined by various standards, such as
physical/chemical and or organoleptic traits. Reputation refers to the opinion consumers have of
a given product; this generally requires a substantial period of time to be formed.
Natural factors such as climate, soils, local breeds and plant varities, and traditional equipment,
as well as and human factors such as know-how and traditional knowledge, play a key role in
forming the quality, characteristics, and reputation of origin products.
GHANA has a basket of potential products that can be developed into GIs, among these
products include; Ghana Cocoa, Ghana Fine Flavour Cocoa, Kente Cloth (non agricultural),
Shama shea butter, Shama Yam, Sugarloaf Pineapple (Central region), Chocho Tea, Zomi Palm
Oil and some Kasapraku products. It is known fact that some of our West African brothers come
into the country buy some of these products and go back to their country and rebrand the product
by changing the origin of the product to theirs and make huge profits whiles our poor farmers
continue to lavish in poverty. A classical example is the zomi palm oil from Ghana that has been
rebranded by our Nigerian brothers and sold in the international markets as a product from
Nigeria. Even in our local markets, most market women sell ordinary yams to consumers as
PUNNA and charge them higher. Because of the known qualities of the PUNNA, everyone
wants to buy it. These products are already known in our markets, both local and international
us products of unique quality. The onus therefore lies on the stakeholders especially the
government to lay the foundation for some of these products to be developed into GIs. In order to
leverage most of the Ghanaian populist who are lavishing in poverty since the agriculture sector
employs over 60% of the Ghanaian populist.
Geographical Indications:
Eurocentrism or an Issue of Global Concern?
Is the presence of GIs on the international scene an issue of global public concern – the
protection of the cultural and culinary heritage of nations – or the projection of a Eurocentric
approach to culture? GIs and designations of origin (DOs) were first legally recognized within a
Southern European ‘cradle’ (France, Italy, Spain), and later as part of the 1992 European Union
(EU) Regulation (EC) No. 2081/92. Subsequently, GIs were recognized by the WTO in 1994 as
IPRs in the same way as trademarks or copyrights. European experiences seem to be put forward
in all countries where GIs are being recognized, regularized or tested. Attributing a geographical
or local name to an agro-food product with a specific quality, characteristic or reputation is by
no means limited to Europe. It is an ancient practice used worldwide. Some African examples
include: Savalou gari missè (grilled cassava semolina) in Benin, Man mountain rice in Côte
d’Ivoire, Mamou pepper and Boké palm oil in Guinea, Oku white honey in Cameroon and Karoo
lamb in South Africa. Famous Latin American products include: bocadillos of Velez in
Columbia, coffees such as Guatemalan Antigua or Jamaican Blue Mountain, Peruvian pisco,
Cotij a cheese in Mexico, and cachaça spirit of Salinas in Brazil. Similarly, in Asia, many
specialties or more common products fit this definition, for example: Basmati rice in the sub-
Himalayan region and Surin Hom Mali scented rice of Thailand; the Indonesian coffees of

4. Mandeling in Sumatra and Toraja in Celebes; and Chinese Long Jin, Indian Darjeeling and
Ceylon teas. All these goods have a name and a reputation that inspire trust and are recognized
by connoisseur traders and consumers, who accept the payment of a higher price. The link to the
place of origin stems from the products’ history, the influence of the geographical environment
on production and processing conditions and/or the specific know-how used in the different
stages of production.
In developing countries, geographical denominations frequently serve as a proxy to identify
quality in domestic markets. This is particularly the case when the population is largely rural (or
was until recently), and confidence in food is still sustained by domestic or market conventions.
A survey conducted in Vietnam, based on interviews with 169 consumers from Hanoi and Ho
Chi Minh City, listed 265 Vietnamese food products that were associated with specific
geographical areas and had a special quality reputation (Tran, 2005). In the Vietnamese
language, such products are usually referred to as ‘dac san’ (specialty products) or ‘dac san
phuong’ (local specialty products). The use of geographical names often implies specific quality
characteristics on international markets too. The broad categories used on the international coffee
market refer to products from various countries or regions (Jobin, undated), each with its own
grade and a given price differential above or below the average world price.
Therefore, the novelty is not the existence of produce of origin, whose characteristics reflect the
physical and human environment of a given region, but the characterization of origin through a
more or less sophisticated codification process, and its recognition through an IPR.
How are GI products protected in the EU?
In the EU, GI protection is provided by several legal acts (Regulations) depending on the type of
product involved: agricultural products and foodstuffs, or wines, or spirits, or handicraft or
industrial products. In all cases, Member States are responsible for the prevention of unlawful
use within the Community of protected geographical designations.
These products are protected by Council Regulation 510/2006 on the protection of geographical
indications (PGIs) and designations of origin (PDOs) for agricultural products and foodstuffs.
Commission Regulation 1898/2006 lays down detailed rules on the implementation of EC
Regulation 510/2006. In order to be protected, these GI names have to be registered at the EU
level. EC Regulation 510/2006 provides registration procedure and establishes conditions for the
protection of PDOs and PGIs. Registered PDOs and PGIs are inserted in the EU DOOR
register. All registered GI products benefit from an EU wide protection. The responsibility for
the enforcement of the GI protection lies with the Member States. For handicraft and industrial
products that do not fall within the scope of Regulation 510/2006, protection as GIs is provided
in the Member States where they are registered and not on all the EU territory, except when they
are protected through a Community collective trademark.
Can the raw material for PGI come from another country?
No, in the wine sector this is not possible.
Yes, in the case of agricultural product or foodstuff PGIs and GIs for spirits, the raw
materials may come from outside the defined geographical area, including a territory of another
country. The EC Regulation on agricultural product or foodstuff GIs provides that any restriction
on the origin of raw materials for a GI must be justified in relation to the link between a specific

5. quality, the reputation or other characteristic of the agricultural product or foodstuff and the
geographical origin
What is the procedure to register a name as a GI in the EU?
There are two different procedures for the registration of a GI in the EU: one applicable to
wines, agricultural products and foodstuffs and another one applicable to spirits.
The main actors involved in the procedure are applicants (group of producers) and national and
European authorities responsible for registration. The group of producers interested in applying
for the registration of a European GI name in the EU must follow a procedure that includes two
phases, one at the national level and the other at the European level. The whole process can take
several years.
Regulation 510/2006 (agricultural products and foodstuffs) and Regulation 1234/2007
(wines) provide for a two steps procedure to be followed: the national phase and the
European phase;
What is the procedure at the national level?
Once a group of producers has defined its product according to precise specifications, it must
send the application for registration of a product name as a GI to its competent national
authorities.
The national authorities examine the application in order to check that it is justified and meets
the conditions in Regulation 510/2006 when regarding an agricultural product or a foodstuff or to
Regulation 1234/2007 if it is related to a wine. They initiate a national objection procedure,
allowing for a reasonable period within which any person having a legitimate interest and
established or resident on its territory may lodge their objection to the application. If the
requirements of Regulation 510/2006 or Regulation 1234/2007 are met and no objection is
raised, the Member State takes a favourable decision. In case of objections, the Member State
considers the admissibility of the objections and decides whether to reject the application or
accept it. If a positive decision is taken by the national authority, it must be made public. The
Member State may grant protection, on a transitional basis only. The application file, a
declaration of the Member State and the publication reference of the specification must be sent to
the Commission. From the moment of receiving an application for registration and until
forwarding the files to the EC Commission the procedure at the national level may require more
than a year, depending on the opposition raised and readiness of the specifications and control
bodies.
What is the procedure at the EU level?
After receiving the documents from the Member State, the Commission examines the
application. If the Commission considers that the conditions laid down in Regulation 510/2006
or Regulation 1234/2007 are met, it publishes in the Official Journal of the European Union, the
single document of the application and the reference to the publication of the specification (the
Member States must provide for an electronic access to the publication of the specification).
Where that is not the case, the Commission rejects the registration application.
The publication opens an opposition period during which any Member State or third country may
object to the registration, by sending a duly substantiated statement to the Commission. In the

6. case of wine, the opposition period lasts 2 months while for an agricultural product or a foodstuff
it lasts 6 months and no consultation between the interested parties is foreseen. Where an
objection is admissible for an agricultural product or a foodstuff, the Commission will invite the
interested parties to undertake appropriate consultations. If no agreement is reached, the
Commission will take a decision and publish it in the Official Journal of the European Union
(OJEU). If no objection is made, the name is registered and entered into the European Register of
Protected Geographical Indications and Designations of Origin DOOR database (for agricultural
products and foodstuffs) 23 or E-Bacchus database (for wines) 24. The registration is published
in the OJEU.
What is the procedure for third countries to register GI‟s for their agricultural products
and foodstuffs?
The EU Regulations on GIs (Regulation 510/2006 for agricultural products and foodstuffs,
Regulation 1234/2007 for wines and Regulation 110/2008 for spirits) provide for the registration
of non EU GIs. The procedures applicable are the same as the ones for EU GI products.
The only difference with regard to EU GI products is that the applications may be sent directly
from the applicant to the Commission of the European Communities located in Brussels
(European Commission, DG AGRI, Rue de la Loi, 130, B-1049, Belgium) or via the appropriate
competent authority of the third country concerned.
Applications from third countries must contain the four elements requested for EU applications:
1) The name and address of the applicant group;
2) The „specification‟, which consists of the documents listed in Article 4(2) of
Regulation 510/2006; and
3) A single document setting out the main points of specification as indicated in Article
5(3)(c);
4) Proof that the name in question is protected in the country of origin.
All documents sent to the Commission have to be in one of the official languages of the
institutions of the European Union or accompanied by a certified translation into one of those
languages.
It should be noted that some third country GIs for wines and spirits are protected in the EU as a
result of bilateral agreements or ad hoc decisions.
In order to be eligible for registration, an agricultural product, a foodstuff, a wine or a spirits
must comply with a so-called ‟product specification‟.
The product specification is a document, which contains information about the product, its
specific qualities, its area of production, and explains the link between the geographical
environment („terroir„) and the product in question. The specification must clearly state whether
the name is to be registered as a protected geographical indication or as a protected designation
of origin.
There are 3 different product specifications depending on the product concerned: one for
agricultural products and foodstuffs, one for wines and one for spirits.
The GI product specification for agricultural products and foodstuffs
Article 4.2 of Regulation 510/2006 provides that the specification with must contain at least:
a) the name of the agricultural product or foodstuff to be registered;

7. b) a description of the agricultural product or foodstuff, including the raw materials, if
appropriate, and principal physical, chemical, microbiological and organoleptic characteristics of
the product or the foodstuff;
c) the definition of the geographical area and, where appropriate, details indicating that raw
materials coming from a geographical area larger than or different from the processing area;
d) evidence that the agricultural product or the foodstuff originates in the defined geographical
area;
e) a detailed description of the growing or production of the agricultural product or foodstuff
and, if appropriate, the authentic and unvarying local methods as well as information concerning
packaging;
f) details explaining the link between the quality or characteristics of the agricultural product or
foodstuff and the geographical environment (for PDOs) or between a specific quality, the
reputation or other characteristics of the agricultural product or foodstuff and the geographical
origin (for PGIs);
g) the name and address of the authorities or bodies verifying compliance with the provisions of
the specification and their specific tasks;
h) any specific labelling rule for the agricultural product or foodstuff in question;
i) any requirement laid down by Community or national provisions.
The European GI system is based on a joint management by private and public stakeholders.
This is one of the key features of the GI system.
The organisations of producers (or processors for agricultural products or foodstuffs) are in
charge of defining the content of the GI products‟ specifications as well as of the day-to-day
management of the GI. Their tasks can include the management and safeguard of the production
regulations, the definition of quality control schedules for the final product, the control of the
implementation of the provisions laid down by laws and by regulations, at all levels (farms,
producers and traders) on production methods as well as packaging rules.
The organisations – also known as the groups - often carry out many activities that small
producers would not be able to do separately, such as marketing and legal actions to promote and
protect the GI name.
The control bodies which can be public or private (in the latter case, they are certification
bodies), verify the compliance of the products with the specifications, before placing the product
on the market. It must be pointed out that there are two levels of controls, one by the producers
and one by an independent external body that ensures that producers are actually complying with
the standards they wish to live by. Contrary to other forms of intellectual property, under the GI
system the State has an active role as far as it gives a guarantee that the products have certain
qualities.
The Member States play an important role with regard to the registration of the GI name, the
controls that have to be undertaken and the protection of the GI name. As far as the registration
of a GI or the modification of a GI specifications are concerned, Member States must scrutinise
the applications, provide for objection procedure at national level and ensure publication of the
GI specifications. The procedure for GI spirits differs slightly as there is no detailed provision
with regard to a national phase, but only for the registration procedure at the EU level. Member
States must also designate the competent authority or authorities responsible for controls in
respect of official controls and ensure all GI producers is entitled to be covered by a system of
official controls. Member States provide official guarantees that the products have been

8. produced in accordance with the GI specification. Finally, Member States play an important role
in policing the market and ensuring the protection of the registered GI names.
The European Commission defines the implementing rules with regard to the European GI
system, as well as some specific rules, for instance on the use of the GI logos. To that end, the
Commission is sometimes assisted by a committee of experts composed of Member States
representatives: for agricultural products or foodstuffs GIs, the Standing Committee on Protected
Geographical Indications and Protected Designations of Origin; for wine GIs, the Regulatory
Committee for Wine; for spirits, the Committee for Spirit Drinks.
The European Commission also plays an important role in the registration of a PDO and PGI or
with the modification of a PDO or PGI specification. It must scrutinise the applications, provide
for objection procedure and ensure the publication of the principal elements of the request. It also
takes the final decision on whether or not to register the name. The European Commission must
publish the list of all the GI registered names and, for PDOs and PGIs, the name and address of
the authorities and bodies in charge of the official controls. Finally, the European Commission is
responsible for ensuring that adequate protection is offered to the registered GI names.
What are the costs and benefits of GI registration in the EU for a producer?
What are the costs of GI registration in the EU for a producer?
Although there is no registration fee for the registration of a GI in the EU, it is possible to
identify some costs that producers have to bear in the context of establishing, registering and
implementing a GI. However, it is impossible to determine precisely these costs as this depends
largely on the specificity of each GI. Three elements can be however mentioned:
Costs associated to the creation of an organisation of producers, to carry out the project
of registration and carry on the promotion of the GI and the control of its use.
Costs associated to the registration procedure, such as:
o Costs linked to the definition of the specification (documents to justify the request, possible
technical analysis to define the limits of the GI area)
o Costs associated to the discussion and the exchange of information with the authorities at the
Member States‟ level [for EU producers only]
o Costs associated to the discussion and the exchange of information with the European
Commission
o Costs of managing oppositions to the registration request, if any. In such a case, the
organisation of producers asking for the GI registration will have to spend some time discussing
and exchanging arguments with the partie(s) that opposed the registration.
Costs associated to controls that have to be performed.
The specification of a GI implies the setting up of regular controls of the whole production
process. This means that the producers have to spend money to ensure that their products meet
all the requirements set out in the specification.
What are the benefits of GI registration in the EU for a producer?
The registration of a GI in the EU provides producers with several benefits, in particular:
An extensive protection of their rights on the name.
More resources for the promotion of the GI product. As producers of a registered GI name
spend less human and financial resources for the protection of their collective intellectual
property rights on the GI name, they have more means to promote their product.
The localisation of the production. One of the important benefits for producers is to know that
thanks to the GI protection, the production of their GI products will remain rooted in their
defined area and will never be delocalised.

9. An increase in production and the creation of local jobs.
The creation of added value in return for a genuine effort to improve quality. GIs help
producers to obtain a premium price for their products in exchange for guarantees offered to
consumers on production methods and quality. Registered GI products are normally perceived by
European consumers as up-market products. As a result, they often fetch higher prices.
According to a retail benchmark SECODIP study in 2002 in France: the price differential
between non GI cheeses and GI cheeses is on average of 30%. This price differential can be
much more important for some products, such as wines. In France, the average price differential
between GI and non GI wines reaches 230%. Interestingly, the added value is better distributed
along the production chain.
In many cases, an increased value for the land within the defined area
The strengthening of producers‟ position in the commercial negotiations with distributors
and retailers.
An important and useful market access tool for producers, especially in countries where
consumers are ready to pay a premium price in return for guarantees on the origin of the product
and its natural and artisan production methods, such as in the EU.
It can be an excellent marketing tool to differentiate the product from the other and highlights its
specific characteristics.
An opportunity to develop other activities at local level, such as local handicraft and tourism.
Thanks to the reputation of GIs, producers have been able to promote more than just their
products.
What are the costs and benefits of having a GI registered for a rural area?
Experience in the European Union has shown that the registration of a GI name can have a
positive impact on the rural areas where the GI production is located.
What are the costs of GI registration in the EU for a rural area?
It is impossible to identify precisely possible costs of GI registration for a rural area. In theory, a
registered GI could have a cost on a rural area if the GI production had a negative impact on this
area. As an example, there could be rules to prevent houses from being built up in defined GI
areas to protect the GI production; this could arguably have a negative impact on the rural area.
However, GI producers normally work towards preserving the area where they produce their GI,
as this is key to be able to continue producing quality products.
What are the benefits of GI registration in the EU for a rural area?
Several studies have been conducted in the European Union on the impact of GIs on the rural
areas. These studies have shown that the registration of a GI can have some benefits for rural
areas.
Registered GIs can contribute to the creation of jobs and wealth in rural areas.
Consumers‟ raising demand for quality food with a specific origin has prompted an increase in
GI production and sales in the past years. The GI production system - based on SMEs - creates
more jobs than other industrial production processes.
GI registration can promote a sustainable development of rural areas. The positive impact of GIs
often goes beyond the GI production chain. In many case, the GI has provided opportunities to
develop parallel activities, in particular in the tourism sector (wine routes, cheese museums, etc.).
The successful development of a GIs normally brings more investments in the area and limits the
rural exodus and the desertification of the countryside. In addition, a registered GI can provide

10. for the protection of traditional skills and the region‟s cultural heritage, the conservation of
biodiversity and cultural landscapes and the preservation of natural resources.
What are the costs and benefits of GIs for the consumers?
In the European Union, consumers are increasingly interested in knowing where the products
come from and how they are produced. As a result, there has been a positive development of GIs
in the past years as consumers are ready to pay a premium price in return for guarantees on the
origin and the quality of the product.
What are the costs of GI registration in the EU for consumers?
Registered GI products are often more expensive than other similar products. This can be
explained by several elements: high quality of the product, use of traditional methods of
production, costs associated to the controls that are conducted, etc.
Consumers have therefore to pay a higher price for a registered GI product.
What are the benefits of GI registration in the EU for consumers?
GIs are excellent marketing tools, which allow consumers to make an informed choice.
GIs give consumers guarantees on:
The origin of the product and its characteristics (ingredients etc.) and traditional production
methods
The quality of the product: confidence that the food has been produced in line with the
detailed specification thank to the official controls that have taken place
The genuine character of the product: only the products that meet the specification can bear
the name GIs help consumers to make their choice thanks to a user-friendly labelling, in
particular the GI logos. Consumers can identify and buy products from their own or other
specific regions if they choose to and they get the overall information that they need to be able to
decide whether designated high quality products provide good value for money.
GIs play a positive role towards the protection of the environment and the biodiversity. They
encourage diversification in production, thus preserving the biodiversity, local savoir-faire and
natural resources. This ensures that European consumers can enjoy diversity in their food
regimes.
Surveys in the EU show that consumers are ready to pay a premium price in return for
guarantees on the origin of the product and its‟ natural and artisan production methods
Economic Valorization the case of GIs
Geographical designations that develop over time and are commonly used in southern countries
are at risk from fraud if they are not registered, particularly once their reputation has been
established and their market value has increased. Fraud reduces market value and the abuse of
names damages reputation.
Consumer confidence can also be affected if a product does not live up to expectations. The loss
of consumer confidence may lead to a drop in price and, as a result, producers may not maintain
quality standards. In contrast, GIs help to protect goods with a reputation associated with a
specific place and knowhow.

11. As a result, the product’s quality and origin can be guaranteed for consumers (Addor et al.,
2003). In this way, GIs may help to maintain quality standards as well as to protect and even
increase the market share of products. This, in turn, encourages producers to continue to invest.
CTA (2004) reports that ‘in China, the recognition of Shaoxing yellow rice alcohol as a
geographical indication helped limit fakes from Taiwan and Japan.
Prices increased by 20%, the local market developed and exports to Japan increased by 14%’.
Thus, in the context of globalization, GIs may be used as a tool to help maintain added value
(value-added) as well as to keep specific agro-food products within territories. GIs may also
enhance the reputation associated with a region and, therefore, encourage tourism, an activity
with increasing potential in developing regions (Vivas-Eugui, 2001).
THE POLITICS IN PROTECTING GIs.
Recent history shows that emerging and developing countries are very involved in international
negotiations concerning GIs. Few areas dealing with specific quality have generated such intense
intergovernmental negotiations.
Membership of the WTO implies signing the TRIPS Agreement, which provides a basic GI
recognition for all products (agrofood and non-food goods), and additional protection for wines
and spirits. Compliance of national legislation was required no later than the year 2000 for
developed and transition countries, and the transition period for least-developed country
members has been extended to 1 July 2013.
WTO member countries have been granted a free hand in choosing the legal means for
preventing the misuse of GIs. Each country decides whether or not to institute a registration
system or authorities in charge of control, etc. The WTO Council for TRIPS notes that ‘countries
resort to a wide range of legal means to protect their geographical indications, be they specific
geographical indication laws, trade names or trademark laws, consumer protection laws or the
common law’ (quoted by Charlier, 2005).
By late 2001, 61 countries (out of the 148 WTO members) had already developed positive GI
protection regulations and systems (Addor and Grazioli, 2002). Of these countries, only some (as
in the EU) had adopted a double classification system distinguishing GIs (which are loosely
linked to a place) from DOs (which have a stronger link to a place); all are now either protected
geographical indications (PGIs) or protected designations of origin (PDOs).
The notion of GI is developing in the world under various forms. It cannot merely be restricted to
the institutional arrangements defined within the EU. Moreover, the WTO agreement sets a very
broad international framework for the recognition of GIs, and the legitimacy, implementation
and efficiency of GIs largely depend on each national context.
THE ESSENCE OF GI PROTECTION
Many geographical names in developing countries have been usurped outside the region or
country concerned. For both economic and cultural motivations, the re-appropriation of the use
of these usurped names is oft en essential for the recognition of GIs. Official recognition of GI
products are then seen as a means, simultaneously, to protect and assert identity, promote
economic organization and add value. IPRs are concentrated in developed countries – 97% of all
world patents belong to rich countries (Waglé, 2004).

12. The potential importance of extending the additional protection for countries of the South is well
illustrated by the case of traditional long grain and scented Basmati rice, produced in the
Himalayan piedmont and Indo Gangetic plains of India and Pakistan (Marie-Vivien, 2008).
Under the current minimum protection (Article 22 of the TRIPS Agreement), Indian and
Pakistani producers faced with the trademark deposited after 1997 for ‘American type Basmati
rice’ produced in the USA are responsible for proving that there is a risk of unfair competition or
of misleading the consumer, whereas under the extended protection (Article 23), the mention
‘American type’ would not be allowed. The stakes are high: for India and Pakistan, Basmati rice
has a heritage value, and total exports stand at 600 million US dollars (Addor and Grazioli,
2002).
Over the past 15 years, the Darjeeling tea producers have taken steps to protect their product in
many countries through trademark law. Additional protection of GIs would enable them to stop
multiple registrations. In the absence of additional protection, over the ‘last four years, [the] Tea
Board has spent approximately RS 9,400,000 (US$ 200,000) on legal and registration expenses,
costs of hiring an international watch agency and fighting infringements in overseas jurisdiction’
(Kumar Das, 2003).
However, they have the potential for a more equitable distribution because even subsistence
societies, with low levels of technology, may promote their traditional products and know-how.
Furthermore, GIs have the potential to protect the traditional indigenous know-how that is
associated with agro-food production in southern countries and to legally regulate land-use
strategies and harvesting practices, by means of various specifications. As a result, GIs provide a
relevant tool to protect and promote biodiversity and related indigenous and traditional
knowledge (Larson Guerra 2004; Rangnekar 2004a). Examples include the wild guarana
(Paullinia cupuana) of the Satere- Mawe Indians in Brazilian Amazonia (Cerdan et al., 2009).
The principle of protection through GIs is in line with the traditions of common property within
indigenous and local communities in many southern countries.
It is attributed to the group and the name of the product and not to fixed production procedures:
‘GIs reward collective traditions while allowing for continued evolution’ (Addor and Grazioli,
2002).
GIs provide a framework for the promotion and protection of specific resources on the basis of
the development of local rules.
As a result, GIs appear to be a tool capable of providing at least some answers to a number of
issues, such as: improved market access (Devautour et al., 2004); the structuring of development
projects; a means of protecting traditional knowledge (Rangnekar, 2004b); and biodiversity
protection (Larson Guerra, 2004). In addition, GIs provide a response to bio-piracy or trade-
related imitation and fraud: ‘Currently, 6 million pounds of “Antigua coff ee” are produced in the
Guatemala region but 50 million pounds of coffee are sold in the whole world under this name.
Similarly, 10 million kg of “Darjeeling” tea are produced in India but 30 million kg are sold
under this name worldwide’ (EC, 2003).
Challenges of introducing GIs in Ghana
Introducing a functional system of GIs requires the establishment of institutional, legislative and
organisational frameworks. Ghana like many other developing countries, do not have a
developed system of GIs. Currently Ghana has draft legislation on GIs: the Proclamation for the

13. Registration and Protection of Designation of Origin, and the Draft GIs Proclamation. Ghana
has revised its Geographical Indications Act of 2003 to make it applicable to cocoa, pineapple,
kente, adinkra and other export-based Ghanaian products.
In addition to a legal framework, GI protection requires institutional and administrative
mechanisms for the identification and registration of eligible products. Also required are
infrastructure and expertise to establish, monitor and control production methods to ensure that
products are GI-compliant. Active coordination and cooperation between national, regional and
local administrative authorities and producer groups are also necessary in order to adopt and
administer compliance mechanisms for agricultural production (Rangnekar, 2007).
Once GI protection is extended to the product, these mechanisms are necessary to ensure that the
GI product does not become generic through unregulated production processes.
The challenge in Ghana therefore is; there is no legislation for the implementation of the GI Act,
there is no legal framework, institutional or administrative mechanisms that is to ensure the
identification and registration of eligible products.
What Ghana must do.
All stakeholders in the agricultural and handicraft industry must work to facilitate the passing of
the drafted LI on GIs into law to make the GI Act operational. A multi-sectoral approach must be
employed to draw from others experience both local and international to build efficient and
workable GI system in Ghana.
CONCLUSION
The major solution to solving Ghana’s economic woe is industrialization, but industrialization is
a long term plan or strategy that, Ghana like any other country cannot industrialize overnight, it
takes a long period of time. One major challenge in the Ghanaian economy has been the huge
disparity between import and export (because Ghana is consumerist country), hence the only way
to bridge this gap is to identify the indigenous knowledge or culture and develop it through
Geographical Indication to enhance the tourism potential of our indigenous knowledge or culture
to promote products produced locally for both local and international markets. This would go a
long way to improve upon our micro-economy by providing jobs, conserve our environment,
mitigate some of the negative impact of climate change, and preserve indigenous knowledge or
culture and biodiversity for a sustainable micro-economy.
The president at the just ended national economy forum held in Akosombo has made mention of
the lunch of a major campaign to promote the patronage of made-in-Ghana product, the most
economic way of promoting made-in-Ghana products should be through GI.
The writer is a District Technical Officer of the COCOA HEALTH AND EXTENSION
DIVISION OF COCOBOD you may contact him via; ignatiuspumpuni@gmail.com.