From coffee to wine: How GIs shape Africa’s agricultural legacy

There are more than 200 products with geographical indication across Africa, but more can be done to protect the continent’s rich cultural heritage, writes Isabella Becaro Pinho of Inventa.

From north to south, and from east to west, Africa’s cultural legacy is present in diverse and captivating ways, especially when it comes to its agricultural heritage.

From the raw materials used to make clothing, to the traditional ingredients for culinary recipes, Africa holds hidden treasures in agricultural knowledge and customs. Its varying climates give rise to unique combinations of flavours, species, and production methods, all contributing to an agricultural legacy that is both distinctive and invaluable.

Geographical indications and AfrIPI

Geographical indications (GIs) serve as powerful tools in IP law, offering protection against improper exploitation by foreign industries and increasing the economic value of products that are tied to specific regions.

GIs are defined as signs that indicate a product’s origin, with its quality, reputation, or other characteristic linked to the geographical area where it is produced.

The African Intellectual Property Rights and Innovation Project (AfrIPI), funded by the European Union (EU) and co-funded by the EU Intellectual Property Office (EUIPO), plays a crucial role in connecting European investment with African development. Its efforts aim to boost trade and strengthen IP assets in Africa, with a particular emphasis on enhancing the recognition and protection of GIs as a key driver of economic development, focusing on:

●     Promoting sustainable development and food security through GIs;

●     Increasing incomes for local markets;

●     Raising awareness among stakeholders across the production chain; and

●     Ensuring effective communication and broader outreach.

Incentives within Africa: Key organisations and GI protection

OAPI and its legal framework for GIs

The Organisation Africaine de la Propriété Intellectuelle (OAPI) is the leading body for the protection of GIs in Africa. Under Annex VI of the Bangui Agreement, OAPI offers a comprehensive legal framework for the registration and protection of GIs, providing greater security for applicants and fostering the registration of new GIs.

Below are some GIs already registered under OAPI:

●     Oku White Honey / Miel Blanc d’Oku – Cameroon (OAPI): A unique honey produced from the Kilum-Ijim forest in Cameroon. Bee farmers have been producing honey without a market or proper structure, due to difficulties in collecting honey from individual farmers. With the granting of the geographical indication, it will provide better conditions, and increased incomes. Since the development, the number of bushfires has been reduced, as bee farmers now understand the value of protecting the area and the beehives.

●     Cacao Rouge – Cameroon (OAPI): A distinctive type of cocoa with red colour and rich flavour produced in the lands of Cameroon.

●     Café des Montagnes de Man – Côte d'Ivoire (OAPI): Coffee from the highlands of the Man region, known for its rich flavour and distinctive for the high altitude in which it is cultivated.

●     Café Ziama Macenta – Guinea (OAPI): A high-quality coffee from the Ziama Macenta region. Besides bringing new job opportunities to farmers, it also helps in pollinating the forest.

●     De la peau de la Chèvre Rousse de Maradi / Leather and leather-based products – Niger (OAPI): Leather goods are made from the red goats of Maradi, but these little ruminants offer much more. Gaining attention for their versatility, they help families in Niger, Benin, Burkina Faso, Senegal, and Togo to combat poverty and hunger.

Besides providing skin, milk, and meat, the goats generate significant income, especially for women who raise them in their villages. During times of agricultural crisis, families can sell their goats, milk, or cheese, now more valuable since the geographical indication was granted.

ARIPO’s efforts in GI protection

Despite efforts by the African Regional Intellectual Property Organization (ARIPO) to protect GIs, it remains far behind OAPI in terms of effective implementation. ARIPO members have registered only two GIs:

●     Chã das Caldeiras – Vinho do Fogo (Cape Verde): A wine produced from grapes grown in the volcanic soils of the Fogo Island.

●     Cabrito de Tete (Mozambique): A type of goat known for its quality and flavour, native to the Tete province in Mozambique.

Morocco and South Africa leading the way: The sui generis system for GIs

Countries like Morocco and South Africa have established strong systems for registering GIs, with South Africa leading the continent in the number of registered GIs. Notable examples from both countries include:

●     Dattes Majhoul de Tafilalet (Morocco) – One of the most famous dates in the world from the oasis of Tafilalet. The unique environment of the oasis contributes to the dates’ high potassium content, rich antioxidants, and low glycemic index, all while maintaining their natural sweetness.

●     Simonsberg-Stellenbosch (South Africa) – A wine region known for its distinctive wines. Located at high altitude, the mountain forms a rolling landscape that creates ideal microclimates for growing grapes. The area is characterised by granite-rich soils that offer high potential for yield. In this area, winds limit excessive vegetative growth in the vineyard, providing a balance to the fertile soil.

●     Rooibos Tea (South Africa) – A unique herbal tea grown in the Western Cape. The specific climatic conditions in the eastern Cederberg Mountains allow rooibos plants to thrive, but it is extremely difficult for them to grow anywhere else due to their sensitivity to soil and climate.

The widespread benefits of GIs for communities

Geographical indications not only protect agricultural products but also handcrafts, fostering a unique identity for these items in both local and global markets. This protection incentivises local production, creating opportunities for farmers, artisans, and small producers by valuing their work. The benefits of GI protection include:

●     Tourism: GIs can boost tourism, with consumers eager to experience unique products in their place of origin. For instance, travellers might visit Africa to taste cocoa from Ghana or visit South Africa’s renowned wineries.

●     Exports: Protected GIs facilitate the export of high-quality goods, opening up international markets.

●     Protection against counterfeit products: GIs provide a defence against counterfeit products, ensuring authenticity and higher value for genuine goods.

●     Economic development: The development of rural areas is promoted, with new job opportunities and improved working conditions.

●     Cultural preservation: GIs help preserve the history, culture, and traditions of a region, turning every product into a story of its origin.

●     Sustainable practices: GIs encourage more sustainable practices, protecting regions from abusive exploitation by foreign or national entities.

●     Awareness: GIs raise consumer awareness, encouraging them to choose certified authentic products to incentivise local producers.

Challenges in GI protection across the continent

While GIs offer great potential, there are still significant challenges, including limited resources and a lack of awareness about the benefits of GI protection. Many African countries have yet to realize the full potential of these protections, and more effort is needed to raise awareness and build strong legal frameworks for the registration of GIs.

The path ahead for GI protection in Africa

As of now, approximately 208 GIs are protected in Africa, each representing a piece of the continent’s rich cultural heritage. The future of GI protection holds promise for even more products across various sectors, including oils, fruits, teas, handcrafts, and textiles.

With the support of governments and regional organisations, African producers can continue to explore the vast potential for sustainable commercialisation of their unique products. Though the path forward remains uncertain, the opportunities for growth and change are significant, and the protection of GIs can help create a more prosperous future for Africa’s agricultural legacy.

Isabella Becaro Pinho is an IP legal consultant at Inventa, and can be contacted at ibecaropinho@inventa.com.