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The Prospects, Benefits and Challenges of Sui Generis Protection of Geographical Indications of South Africa

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  • Omphemetse S. Sibanda Sr

Abstract

This article appraises the prospects, benefits and challenges of sui generis protection of geographical indications (GIs) in South Africa (SA). In SA, there is no specific legislation protecting GIs, and the country relies, amongst others, on the common law system and various legislations, such as the Agricultural Products Standards Act of 1990; Counterfeit Goods of 1997; the Liquor Products; the Trademark Act; the Intellectual Property Laws Amendment Act of 2013; and the Consumer Protection Act of 1998. It is therefore argued that SA needs a specific law that considers GIs as a specific, separate intellectual property right (IPR).

Suggested Citation

  • Omphemetse S. Sibanda Sr, 2016. "The Prospects, Benefits and Challenges of Sui Generis Protection of Geographical Indications of South Africa," Foreign Trade Review, , vol. 51(3), pages 213-224, August.
    • Handle: RePEc:sae:fortra:v:51:y:2016:i:3:p:213-224
    DOI: 10.1177/0015732516646211
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    References listed on IDEAS

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    1. van der Merwe, Andries, 2009. "Geographical Indication Protection in South Africa with Particular Reference to Wines and to the EU," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 10(1), pages 1-10.
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      More about this item

      Keywords

      Constitution; geographical indications; intellectual property; TRIPS agreement; World Trade Organization; South Africa; sui generis protection;
      All these keywords.

      JEL classification:

      • D18 - Microeconomics - - Household Behavior - - - Consumer Protection
      • D64 - Microeconomics - - Welfare Economics - - - Altruism; Philanthropy; Intergenerational Transfers
      • D60 - Microeconomics - - Welfare Economics - - - General
      • F00 - International Economics - - General - - - General
      • F19 - International Economics - - Trade - - - Other
      • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
      • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
      • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
      • Q28 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Government Policy

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