1. Directorate of Intellectual Property
Rights Registration
Geographical Indications (GI’s)and their
use-Sarah Rukundo

2. Geographical Indication-Definition
GI’s are governed by the Geographical
Indications Act 2013 and there in;
A “geographical indication” means any
indication which identifies goods as originating
in a particular country, region or locality where a
given quality, reputation or other characteristic
of the goods is essentially attributable to its
geographic origin;

3. Definition –Cont’d
According to the Act “goods” means a natural or
agricultural product or animal product or a
product of handcraft or industry; Thus to qualify
for a Geographical indication there must be
• Goods
• Those goods must originate from a particular
area or locality and;
• The goods must have a reputation or
characteristics ATTRIBUTABLE to them as a
result their geographical origin
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4. Definition –Cont’d
In other words its not enough to say that the goods
are have certain qualities or characteristics and
thus deserve a Geographical Indication. There must
be a proven relationship between those qualities
and characteristics and the Geographical location
from which they originate.
A GI thus acts as a certification that the product
possesses certain qualities, is made according to
traditional methods, or enjoys a certain reputation,
due to its geographical origin.
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5. What is the difference between
a GI and a TM?
Geographical indications and trademarks are both
distinctive signs used to distinguish goods or services
in the marketplace. Both convey information about
the origin of a good or service, and enable
consumers to associate a particular quality with a
good or service
BUT where as Trademarks inform consumers about
the source of a good or service and identify a good
or service as originating from a particular company,
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6. Difference between
a GI and a TM-Cont’d
and thus help consumers to associate a good or
service with a specific quality or reputation, based
on information about the company responsible for
producing or offering it,
Geographical indications identify a good as
originating from a particular place. Based on its
place of origin, consumers may associate a good
with a particular quality, characteristic or
reputation.
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7. Difference between a GI a certification
mark
Similar to a GI, a certification mark certifies the
nature or origin of the goods or services on or in
connection with which it is used. But it serves to
distinguish goods or services that are certified by an
undertaking (in respect of region or location of
origin, materials of construction, method or mode of
manufacture of goods or provision of services,
quality assurance, accuracy, and/or any other
definable characteristics) from those that are not
certified.
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8. Difference between
a GI and a C-Mark-Cont’d
Certification marks also apply equally to goods and
services and take care of any characteristics of
goods not necessarily based on Geographical
source. In that sense, they have broader
commercial application than do GIs, which, as
relate only to goods from a given geographical
location.
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9. Test-Identify what can qualify as a GI-
Trademark-CM
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BUGISUAA
Elgon Arabica

10. Demonstration of a GI
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BWINDI
YOUNGELGON FRESH

11. The Use of GI’s
The use of geographical indications is not limited to
agricultural products or alcoholic beverages. They may
also highlight specific qualities of a product which are
due to human factors that can be found in the place of
origin of the products, such as specific manufacturing
skills and traditions. That place of origin may be a
village or town, a region or a country. An example for
the latter is “Switzerland” or “Swiss,” which is
perceived as a geographical indication in many
countries for products that are made in Switzerland
and, in particular, for watches. Another example is
“Italian shoes” or “Italian Leather”
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12. How can GI’s be used?
GI’s can be used as a tool to market goods that have
special characteristics due to their origin. For
example according to one source
“The Arabica coffee in Bugisu grows on volcanic soils at an
altitude of between 3800 ft. and 14700 ft. above sea level.
When roasted the beans have a mild sweet aroma and good
taste. Arabica coffee is grown on small gardens owned by
individual farmers . This coffee is mostly organically grown
but in some cases fertilizers are applied.”
If the mild sweet aroma and good taste are as a
result of Bugisu’s volcanic soils and the altitude at
which its grown within the Bugisu region then it
qualifies to be a geographical indication
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13. Similar Example
Palakkadan matta rice is registered under the GI of Goods
(Registration & Protection) Act, of India. 1999 by the Palakkad
Matta Farmers Producer Company Ltd.
It is a coarse variety of rice with bold grains and red pericarp. The
rice has a unique taste. The coarse rice with red pericarp by itself
ensures high content of nutrients. “Par-boiling” of the rice further
ensures retention of nutritional value.
The grains is grown on unique black cotton or regar soil, derived
from rocks rich in lime peculiar to Palakkad also in
“Poonthalpadam” where the soil is heavy, containing 60-80% of
clay and silt and possess low permeability and high water holding
capacity. These soils, the humid weather of Palakkad, easterly
winds that blow through the Palakkad gap and the rivers that
flow from the Western Ghats. 13

14. What other things in Uganda can be
protected under the GI system?
Participants.
 Olubugo “bark cloth” from central region due to
the traditionally unique methods used to make it
 Eshabwe from Ankore and Bushera from Kigezi
due to the traditional techniques only found in
those areas
 Shea butter from northern Uganda due to the
variety of the Shea nut tree from which it is
harvested whose variety is only found in that
area.
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15. Application for a GI
Under Section 8. (1) An application for the registration of a
geographical indication shall be made in the prescribed form and shall
be accompanied by the prescribed fee.
(2) The application referred to in subsection (1) shall specify—
(a) the name, address and nationality of the applicant and the
capacity in which the applicant is applying for registration;
(b) the geographical indication for which registration is sought;
(c) the geographical areas to which the geographical indication
applies;
(d) the goods for which the geographical indication applies; and 10
(e) the quality, reputation or other characteristic of the goods for
which the geographical indication is used.
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16. Who can Apply for a GI?
(3) The following shall have the right to file an application to
register a geographical indication—
(a) a legal entity carrying on an activity as producers, farmers,
artisans or whatever the case may be in the geographical area
specified in the application, with respect to the product specified
in the application;
(b) a group of representative producers; or
(c) in respect to an indication with national character, any
competent authority as provided for under the regulations.
(4) An application for registration of a geographical indication
may be filed by an agent.
(5) Where an applicant's ordinary residence or principal place of
business is outside Uganda, he shall be represented by an agent
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17. Things excluded from protection
Under s.5. (1) The following shall not be protected as a geographical
indication—
(a) an indication that does not comply with the definition of a
geographical indication under section 2;
(b) an indication that is contrary to public order or morality;
(c) an indication which is contrary to public interest, in particular
national security, nutrition, health, environmental conservation, or the
development of other vital sector of the national economy;
(d) an indication which ceases to be protected in its country of origin;
(e) an indication which misleads or deceives the public as to the
characteristic, nature, quality, place of origin, process of production of
the product or its use;
(f) a name which conflicts with the name of a plant variety or an animal
breed and as a result is likely to mislead the consumer as to the origin of
the product; 17

18. Things excluded from protection
(g) a name where, in the light of a trademark’s reputation and renown
and the length of time it has been used, registration is liable to
mislead the consumer as to the true identity of the product.
(h) a name that has become generic.
(2) For the purposes of sub section(5)1(h), ‘a name that has become
generic’ means the name of a product which, although it relates to the
place or the region where the product was originally produced or
marketed, has become the common name of the product in Uganda.
(3) A name wholly or partially homonymous with that of a name
already registered under this Act may be registered with due regard
for local and traditional usage and the actual risk of confusion.
(4) For purposes of this section, “a homonymous name” means a
name for a different region or locality that is spelt or pronounced in
the same way as a name already registered as a geographical
indication.
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19. Thank you !
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