Geographical Indications Law in Benin
Geographical Indications Law in Benin
1. Legal Framework
Benin protects Geographical Indications (GIs) within the framework of the Organisation Africaine de la Propriété Intellectuelle (OAPI), to which Benin is a member. OAPI is a regional intellectual property organization that covers 17 African countries, including Benin.
OAPI Bangui Agreement (1999) — This is the main legal instrument governing intellectual property rights, including GIs, for all OAPI member states like Benin.
Benin does not have a separate national GI law but applies OAPI’s regional system for the protection and registration of GIs.
2. Protection of Geographical Indications
The Bangui Agreement defines GIs as indications which identify a product as originating from a specific territory or region, where the quality, reputation, or other characteristics of the product are essentially attributable to its geographical origin.
Protection extends to appellations of origin as a special type of GI with stronger protection.
GIs are registered through OAPI’s Intellectual Property Office based in Yaoundé, Cameroon, which grants protection valid in all member states, including Benin.
Once registered, the GI enjoys protection against:
Unauthorized use or imitation.
False or misleading indications.
Acts that could damage the reputation of the GI.
3. Registration Process
Applications are submitted to the OAPI office and must include:
The name of the GI.
A clear description of the product.
Definition of the geographical area.
Proof of the link between the product’s qualities/reputation and its origin.
After examination, if no opposition is filed, the GI is registered and published in the OAPI Bulletin.
Protection lasts 10 years and can be renewed indefinitely.
4. International and Regional Context
Benin, through OAPI, complies with the TRIPS Agreement of the WTO.
OAPI member states benefit from a regional system which simplifies GI protection across multiple countries.
OAPI also works to align with international treaties like the Paris Convention and the Lisbon Agreement, although the latter is not yet fully implemented in OAPI.
5. Examples of Geographical Indications Relevant to Benin
Kouandé cotton
Tchoukoutou (a traditional beer made from sorghum)
Benin palm oil
Djenne rice (also protected regionally within OAPI)
These products benefit from GI protection, helping preserve traditional production methods and local economies.
Summary
| Aspect | Details |
|---|---|
| Legal Basis | OAPI Bangui Agreement (1999) |
| GI Definition | Link between product quality and geographic origin |
| Registration | Through OAPI, valid in Benin and other members |
| Protection Term | 10 years, renewable |
| Enforcement | Against misuse, false indications, unfair competition |
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